"Moral actors in their own right": consideration of the views of children in family proceedings

This, the second of a two part article, discusses the instances where the views of a child are taken into account in family proceedings. Discusses the occasions in which, and by what means, a child's view is observed. Refers to relevant case law. Highlights various examples of when it is "practicable" to record a child's views, in line with the definition outlined by the Inner House in Shields v Shields. Considers how much weight should be attributed to the views of a child, noting the provisions of the UN Convention on the Rights of the Child 1989 art.12. Looks at the extent to which the views of a child should be treated confidentially