Rights During Divorce

Improved Essays
Children’s Rights during Divorce Proceedings Divorce is an ordeal that significantly affects the children as it does the parents. As a result of its negative impact, children’s rights during divorce proceedings to help them, their well-being a primary concern. The current divorce rights for involved children consider many aspects to provide families with the superlative remedy. The sole concern of the justice system, in terms of children’s rights during divorce proceedings, is to consider the best interest of the child. The Bill of Rights for children of divorce states the rights for children to have their age appropriate wishes and preferences made known to any court of law listened to by legal authorities. When making a decision, factors …show more content…
The Bill of Rights for children of divorce states the right of the children to “a sense of security and belonging derived from a loving, nurturing environment that is free of negative social influences such as drugs, alcohol, crime, bigotry and weapons in the home” (Canada Court Watch Program), and their right to “flourish in an atmosphere free of disrespect, exploitation, and neglect” (Canada Court Watch Program). These rights, included in the Bill of Rights for children of divorce, illustrate the current laws’ consideration of the emotional well-being of the children is involved. In order for a child to develop and become a responsible citizen of society, a positive atmosphere has to be established at the home, with it is all ensured to be sustained as a way of being the current laws. The laws ensure that children are brought up in a nurturing environment in which they feel loved and wanted. It protects that from feeling neglected, guilty, socially withdrawn, isolated and unloved, ensuring that they become good members of society when they become adults. The rights and current laws enforce the children’s freedom of conscience and freedom of thought, belief and expression under section 2b and 2c of the Charter of Rights and Freedoms, respectively, because they ensure …show more content…
In Canadian family law, it states that “various custody statutes make provisions to consider the wishes of the children” (Kronby 78), and that “in every province, there is some official who may be given a mandate by court to represent the interests of a child” (Kronby 78). This conveys how the current laws are fair because they ensure that certain steps are taken in order for a child’s voice to be heard. The court-appointed official, representing the interests of the child, has the job making sure the child’s message and wishes are including in the assessment of the child custody decision and divorce terms, illustrating the laws’ assurance of the child being heard. In cases such as L’Heureux-Dubé 1998 and Bessner 2001, its clear to see how the laws enable the children to be a [art of divorce proceedings concerning custody and access, which enforce their freedom of thought, belief, and expression, right not to be subjected to any cruel and unusual treatment or punishment and freedom of conscience under sections 2b, 12, and 2c of the Charter of Rights and Freedoms,

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