International Discourse on Child Participation in Family Justice

Family justice has undoubtedly molded in an interesting shape throughout the century. Recent development upholds the sovereignty of children¡¯s right over the traditional paternalistic and maternal preference in deciding matrimonial disputes. Affording right to children to participate in matrimonial proceeding will surely be debatable and bring about further complex issues to the proceeding since children are viewed as vulnerable group who must be protected from any harm. Hence, this article intends to review the international discourse ranging from the children¡¯s right and family justice as undertaken internationally and provides commentary on Malaysian current practice. Results indicated that statutory provisions in Malaysian laws value the wishes of a child only in custody cases but the practice is slightly erratic as distinctive judges have different practices. It is submitted that a comprehensive guideline on judicial procedure are then required to be developed in ensuring that Justice must not only be done; but must be seen to be done to all parties including the children.