Reforming the Family Law System to Accommodate the Rights of the Child to be Heard in Custody Disputes

SARASWATI, RIKA (2019) Reforming the Family Law System to Accommodate the Rights of the Child to be Heard in Custody Disputes. In: IANJ Conference, 23-24 Agustus 2019, Universitas Indonesia, Depok. (Unpublished)

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Abstract

The best interests of the child, especially the right to be heard, is a major factor for judges being able to make a decision that is cognisant of all viewpoints (that of the child as well as those of the parents) and more information than would otherwise be the case when dealing with child custody disputes. The right of the child to be heard is guaranteed by Article 10 of the Child Protection Acts 2002 and 2014. However, children’s voices are often considered as ‘information’ (and of lower legal status) unlike (higher status) sworn statements or evidence from a witness. Consequently, children’s opinions have never been included in court verdicts as legal reasons for a particular decision. The right of the child to be heard needs to be accommodated in court proceedings in order to protect children from the devastating effects of their parents’ conflicts and to better take into account the children’s situation, wishes and desires and their overall safety and welfare. This requires a focus on the welfare of the child and a proactive approach by all parties, including the court system. By improving the judiciary and court services can improve outcomes for children affected by custody disputes. Reforming the Family Law system is needed because the Marriage Act 1974 does not define ‘the best interests’ explicitly; the State Court and Religious Court each has its own legislation to determine whether (and when) children are able to be heard; and the role of other parties such as lawyers need to be reformed while social workers or mental health professionals need to be more involved in order to reduce the negation or omission of children’s voices.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	300 Social Sciences > 340 Law 300 Social Sciences > 340 Law > 342 Constitutional and administrative law
Divisions:	Faculty of Law and Communication > Department of Law
Depositing User:	ms Rika Saraswati
Date Deposited:	05 Jan 2021 04:42
Last Modified:	20 Sep 2022 16:59
URI:	http://repository.unika.ac.id/id/eprint/23264

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