‘Still my parents’ child’: Breaking through the barriers of determining best interests and voice of the child post separation and divorce

Connie Healy, Lecturer in Law, National University of Ireland Galway

Key Words: Separation – Divorce – Best Interests – Voice of the Child – Young adults

Many studies have been undertaken into the impact of separation and divorce on children and the extent to which they want to be heard to ensure that decisions made by parents and the courts are in their best interests. Arrangements are, generally, made by parents and their lawyers working from an assumption that parents know what is in the best interests of their children, often without consulting them. Drawing from empirical research undertaken as part of a wider research project examining the effectiveness of the collaborative process as a dispute resolution mechanism in Ireland, this article will present the views of a sample of ten separating parties and fifteen young adults whose parents separated when they were children. It will document the extent to which separating parents were aware of the impact of the family transition on their children and whether they were, therefore, best placed to determine what was in the best interests of their children post separation. From the young adults’ perspective, did they believe that their parents understood the impact of the separation or divorce on them? Did they have, or would they have liked to have had, an opportunity to ‘participate’? The article will outline the advice these young adults wished to give to separating parents as to how to ensure that the best interests of the child are elicited and protected. 

This article has been accepted for publication in Child and Family Law Quarterly in Issue 3, Vol 33, Year 2021.