• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Children, Parents and the State.

Extracts from this document...


CHILDREN, PARENTS AND THE STATE (MODULE 7957) COURSEWORK (QUESTION 3) STUDENT NAME: JACQUELINE YEE-BING, LEE STUDENT NUMBER: 01228801 MODULE LEADER: JUDITH HENDRICK NUMBER OF WORDS: 1,996 Before examining this question directly, it would be helpful to first look at the way in which children are regarded as a special group within society. Society's perception of children is complex; although their characteristics are seen as undesirable; children are also often seen as innocent and incapable of evil. This may explain the sense of shock that surrounded the Jamie Bulgar murder.1 It is common to assume that children need care and support, and to be taken care of by adults. Although this is largely true, it is undeniable that children are not just inactive recipients of parental care, they also interact with their family. Interestingly, it can even be argued that parenting is a negotiated enterprise where parent and children cooperating together in their family life.2 An adolescent may in some way be like a child and some ways like an adult. Therefore, it is not surprising that the law has developed a flexible approach, treating adolescent as adults for some purposes and as children for others. Rights are important and have been called 'valuable commodities'3, important moral coinage. ...read more.


The rule for representation of children in legal proceedings differs depending on whether the case is brought in private law or public law. In this question, we will only look at private law proceedings. As a general rule, a child cannot bring or defend legal proceedings otherwise than through a next friend or a guardian ad litem. However, a child with 'sufficient understanding', with permission of the court, can bring proceeding under the inherent jurisdiction of the court without a next friend or guardian ad litem, or can apply during such proceedings to discharge the next friend or guardian.25 Again, as established by case law, the courts have the final word over whether children have sufficient capacity to instruct a solicitor to carry through legal proceedings without the services of a guardian ad litem.26 The court also has the power to order that a child be separately represented in any family proceedings, but this power is rarely used.27 The cases of Re S (A Minor)(Independent Representation) and Re H (A Minor) (Role of Solicitor)28 reflects the 'judicial balance', recognising that 'a child's wishes are not to be discounted or dismissed simply because he is a child. He should be free to express them and decision-makers should listen'29 and 'the fact that a child is, after all, a child.'30 Where the child can dismiss the Official Solicitor, the court retains him in a different, and it has to be conceded, far from clear, capacity. ...read more.


This is probably the only significant gap in the Children Act 1989 which need to be considered. In conclusion, it is indisputable that today, children had obtained larger access to the courts to settle family disputes. However, Freeman recognizes the existence of stress may affect children's cognitive process,40 which may not be foreseen by children themselves. Moreover, giving children leave to obtain section 8 orders, may put a risk of breaking the child's relationship with their parents and emotionally damaging for children. Accordingly, it may be suggested that, to protect children from such harm, a compulsory mediation process for all children seeking leave under section 10(8) could conceivably be introduced, but with great care to avoid children being, in so doing, excluded from access to the courts. Another proposal would be, as in the case of public law proceedings, providing children with the services of both a solicitor and guardian ad litem. This way, the child would be protected from any aspects which are damaging to her and at the same time, being guided and supported by her guardian ad litem throughout the litigation. If these suggestions are taken into account, it would be that the law had given children the right to conduct their own litigation and at the same time, protecting them from the stress of litigation. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Child Development section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Child Development essays

  1. Describe how political ideology influences social policy and suggest how this may affect families ...

    Oppenheim (1993) noted that between 1979 and 1989 12 million people were living on less than 50% average income and welfare benefits had fallen behind prices and average earnings.

  2. Legal & Welfare

    person in looking at or the production of pornographic material or watching sexual activities, or encouraging them to behave in sexually inappropriate ways. Emotional abuse is the persistent emotional ill treatment such as to cause severe and persistent adverse effects on the child's emotional development.

  1. Possible reform to the law concerning the Causing or Allowing the Death of a ...

    The writer doubts whether our society is prepared to impose to Hong Kong people such a widely drafted (as will be shown) obligations which, if shown to be improperly utilized, would undermine the individual autonomy and civil liberty11 of people in Hong Kong 11.

  2. The representation of Islands in Peter Pan and Return of the Soldier

    In this way, the narrative relates to the ideas of the island being something separate from the everyday world of the mainland and keeping things disconnected. This also relates to Jenny's place in society as an unmarried woman; because she can't conform to the roles given to women at that

  1. Unit 1, Drama exploration of childhood

    We also discussed about the imagination of a child. This was a building base for a lot of role play ideas. If a role play was constructed in this way it could be as wacky and crazy as possible. We also talked about marking the moment. There were moments in the sequence which defined the whole movie and the character.

  2. Sensitive Social problems affecting children are indications that the rights of the child is ...

    It involves exposing a child to any sexual activity or behaviour. Sexual abuse most often involves fondling and may include inviting a child to touch or be touched sexually. Other forms of sexual abuse include sexual intercourse, juvenile prostitution and sexual exploitation through child pornography.

  1. Private International Law

    The second aspect of domicile of dependence relates to married woman. Prior to 1st Jan 1974 the woman took the domicile of her husband. 7 From 1974 however a woman was deemed to have her own independent domicile. The act however was not retrospective and a married woman kept her

  2. Working with Children - settings, legislation and values.

    Respecting their needs will help understand the child?s situation. Children will develop well if you set a good example they will reflect on respect and how important it is, this is why it is important to be proffessional. Respecting children will make them feel safe and this will help gain trust with you.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work