The Today's Family Lawyer Podcast welcomes two expert guests on to discuss a new book focused on children’s right to identity within international family law, using Article 8 of the United Nations Convention on the Rights of the Child (UNCRC) as a foundational framework.

Children’s Rights to Identity, Selfhood and International Family Law is edited by Marilyn Freeman, Principal Research Fellow at Westminster Law School, an associate member of the barristers’ chambers 4PB in London, Chair of the International Association of Child Law Researchers, and Director of the International; and Nicki Taylor an academic based at the University of Otago Faculty of Law in New Zealand, Secretary of the International Association of Child Law Researchers and director of the Children's Issues research Centre.

A central theme of the podcast is the profound impact that life events and legal processes can have on a child’s identity development. Drawing on their extensive experience in areas including international child abduction and relocation, the authors highlight how such events can shape how children, and later adults, understand themselves, form relationships, and navigate the world. They emphasise that identity is not static but is continuously influenced by experiences, including trauma and disruption.

Article 8, which recognises a child’s right to preserve aspects of identity such as nationality, name, and family relationships, is a “right hiding in plain sight” or a “sleeping giant,” with significant untapped potential suggests Freeman, advocating for greater use of Article 8 in legal practice, including the possibility of a formal General Comment from the UN Committee on the Rights of the Child to clarify and expand its application. Education on identity considerations into is also paramount.

By embedding identity considerations into legal thinking and practice, the book and its authors hope to influence how courts, practitioners, and policymakers approach family law cases

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