Seen and heard: new frontiers in child participation in family law proceedings in South Africa

Abstract

This article examines the principle of child participation in a legal context, focusing first on the international and constitutional law framework, and thereafter on the principle as it has permeated the South African Children’s Act. Next, a brief examination of the application of the principle in practice and case law is provided, with the focus on family law and related proceedings. The concluding section of the article assesses the new challenges and potential changes posed by the increasing acceptance of the principle that children be allowed to express their views in matters affecting their interests in family law proceedings.