Divorce & Division: Reincorporating the Marginalized Voices of Children

Persistent Link:
http://hdl.handle.net/10150/595835
Title:
Divorce & Division: Reincorporating the Marginalized Voices of Children
Author:
Inman, Shasta Nicole
Issue Date:
2015
Publisher:
The University of Arizona.
Rights:
Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
Abstract:
Despite the Arizona family court's purported focus on the "best interests" of the child, it is inherently parent-centered and does not, in actuality, serve children's well-being. When children are offered opportunities to participate in this legal system, studies have found positive impacts to both the children and the judicial system. The overwhelming majority of these studies were conducted in countries that have ratified the United Nations Convention on the Rights of the Child; the United States is not one of those countries. As such, facilitating children's participation in the court process by encouraging judicial interviews is one way Arizona family law could better promote children's best interests and well-being. What began as a quest for research on how judicial interviews affected children emotionally and psychologically, has evolved into a critical analysis of the family law framework as it exists in the United States—particularly, the State of Arizona. Through a detailed presentation of Arizona family law, this papers demonstrates the court's focus on parents' rights—often in the absence of children's rights. An exploration of the ways in which various philosophical and legal theories work to critique and expose the dominant power relationships in the family law structure follows. It is only through such deconstruction of this law that children's voices can be effectively reincorporated into the family law schema and their "best interests" properly considered.
Type:
text; Electronic Thesis
Keywords:
Convention on the Rights of the Child; divorce; family law; relational subjectivity; Gender & Women's Studies; children's rights
Degree Name:
M.A.
Degree Level:
masters
Degree Program:
Graduate College; Gender & Women's Studies
Degree Grantor:
University of Arizona
Advisor:
MacCorquodale, Patricia

Full metadata record

DC FieldValue Language
dc.language.isoen_USen
dc.titleDivorce & Division: Reincorporating the Marginalized Voices of Childrenen_US
dc.creatorInman, Shasta Nicoleen
dc.contributor.authorInman, Shasta Nicoleen
dc.date.issued2015en
dc.publisherThe University of Arizona.en
dc.rightsCopyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.en
dc.description.abstractDespite the Arizona family court's purported focus on the "best interests" of the child, it is inherently parent-centered and does not, in actuality, serve children's well-being. When children are offered opportunities to participate in this legal system, studies have found positive impacts to both the children and the judicial system. The overwhelming majority of these studies were conducted in countries that have ratified the United Nations Convention on the Rights of the Child; the United States is not one of those countries. As such, facilitating children's participation in the court process by encouraging judicial interviews is one way Arizona family law could better promote children's best interests and well-being. What began as a quest for research on how judicial interviews affected children emotionally and psychologically, has evolved into a critical analysis of the family law framework as it exists in the United States—particularly, the State of Arizona. Through a detailed presentation of Arizona family law, this papers demonstrates the court's focus on parents' rights—often in the absence of children's rights. An exploration of the ways in which various philosophical and legal theories work to critique and expose the dominant power relationships in the family law structure follows. It is only through such deconstruction of this law that children's voices can be effectively reincorporated into the family law schema and their "best interests" properly considered.en
dc.typetexten
dc.typeElectronic Thesisen
dc.subjectConvention on the Rights of the Childen
dc.subjectdivorceen
dc.subjectfamily lawen
dc.subjectrelational subjectivityen
dc.subjectGender & Women's Studiesen
dc.subjectchildren's rightsen
thesis.degree.nameM.A.en
thesis.degree.levelmastersen
thesis.degree.disciplineGraduate Collegeen
thesis.degree.disciplineGender & Women's Studiesen
thesis.degree.grantorUniversity of Arizonaen
dc.contributor.advisorMacCorquodale, Patriciaen
dc.contributor.committeememberMacCorquodale, Patriciaen
dc.contributor.committeememberAtwood, Barbaraen
dc.contributor.committeememberSimmons, William Paulen
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