How can the voice of the child be adequately heard in family law proceedings

Abstract

Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.