The Fifth Commandment: reflections on child neglect, abandonment and abduction

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Abstract

Having contact with each other is one of the most fundamental aspects of the parental-filial relationship. When it comes to this very fundamental aspect of the relationship, an incongruence is apparent: parents have a prima facie right to have contact with their children; children do not have a corresponding right to have contact with their parents. A parent, at least in England, can disconnect entirely from the life of his/her children. This paper argues that this may make certain forms of child neglect de facto lawful. This paper also draws a parallel between parental denial of contact and parental child abduction, and argues that there are important similarities between the two, so far overlooked by the literature on child maltreatment. This paper concludes that if parents have a right to have contact with their children, then in principle children should also have a right to have contact with their parents.
Original languageEnglish
Pages (from-to)27-51
Number of pages24
JournalThe International Journal of Children's Rights
Volume23
Issue number1
DOIs
Publication statusPublished - 28 Mar 2015

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