Separated Children in Judicial Proceedings 

Children may become separated from their parents – or be at risk of separation from one or both parents (or custodial family members) – for diverse reasons, including in instances of relocation and international child abduction, migrant children, children being taken into public care, children who are imprisoned or children whose parents are imprisoned.

Learning from jurisprudence & practical experiences across different areas of law, the Separated Children in Judicial Proceedings Project, co-funded by the EU and led by the AIRE Centre, examined how to have more child centred proceedings, decisions and outcomes in cases involving separated children.  Although there are many differences between how different separated children become involved in justice proceedings, these children also have a lot in common. The project explored the similar procedural and substantive law questions which arise, including how separated children access justice and how their best interests can be assessed.

Child Circle’s role in the project concerned in particular raising awareness of policymakers and lawyers on the obligation to undertake a multi-disciplinary individual assessment of each child’s situation and to take this assessment into consideration throughout the proceedings, including procedural matters and sentencing.

A series of expert seminars and training in Brussels, Dublin, London and Zagreb were held in 2016 and 2017. Child Circle co-organised the events in Brussels and in particular has focussed on the importance of multidisciplinary approaches to litigation, by exploring what actors and bodies are concerned when separated children are involved in litigation and how they can contribute to effective litigation.

Project partners

Project supporters

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Part-funded by the Rights, Equality and Citizenship Programme of the European Union.