A scoping review of when and how a child’s view is weighted in decision-making processes in law proceedings

This article contributes to the growing debate about children’s participation in decision-making processes by creating an overview of research on how the child’s view is weighted in law proceedings. Eleven original publications met the eligibility criteria. Whereas eight of the studies examine how and when children’s opinions are considered in child protection law proceedings, three investigate the same theme within family law proceedings. Each study presents findings concerning if or when a child’s view is considered in the decision-making process. None of the studies, however, identifies “how” the child’s view is weighted in accordance with the child’s age, maturity and other factors involved in the decision-making process. Common to all is that children under the age of seven are generally not given the opportunity to express their views in child protection proceedings, and this occurs only rarely in child custody proceedings. Children above the age of seven were increasingly likely to be included as a factor in the decision. It is, however, unclear whether the child’s view is weighted or simply noted. Although awareness of children’s rights has increased, there still appears to be a discrepancy between the child’s right to participate and how this right is implemented in law proceedings, both within family law and child protection proceedings.