ABSTRACT

In this chapter I explore the ways in which the law positions children caught up in divorce. I examine the competing images associated with children and divorce and the uneasy relationship between the languages of the modern children’s rights movement and the contemporary ‘privatised’ divorce agenda. Within this agenda, shaped by adult concerns to protect children, the child is viewed as the victim of relationship breakdown and, whatever else happens, such children must not be drawn any further into the legal divorce process than is necessary or have the responsibility of making choices thrust upon them.