Child Participation in Post-divorce or -separation Dispute Resolution

Both article 12 of the CRC and Sections 10 and 31(1) of South Africa's Children's Act 38 of 2005 require that children are given the opportunity to make their views known in matters that affect them. This chapter explores obtaining children's views in post-divorce or - separation disputes via a dispute resolution mechanism known as facilitation in South Africa. Three case studies have been selected to demonstrate the importance of taking children's views into account when post-divorce or - separation disputes arise.