International Journal of Law, Policy and the Family Advance Access originally published online on September 21, 2005
International Journal of Law, Policy and the Family 2006 20(2):201-224; doi:10.1093/lawfam/ebi023
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The Representation of the Legal Interests of Children and Adolescents in Germany: A Study of the Children’s Guardian from a Child’s Perspective
* Dr. Manuela Stötzel, Berlin, psychologist, psychological expert at the Institut Gericht & Familie (Institute for Court Proceedings and Families) in Berlin and children’s guardian.
** Prof. Dr. Jörg M. Fegert, Ulm, clinical director at the Klinik für Kinder- und Jugendpsychiatrie/Psychotherapie (Clinic for Child and Youth Psychiatry/Psychotherapy) at the University of Ulm.
In 1998, the children’s guardian was introduced into German law as a new legal institution to represent interests of children and young people in certain family and guardianship court proceedings. Until now, there has not been realized any comprehensive investigation about the perception of children and young people themselves about the new figure. This study focuses on the understanding of 52 children and young people concerning the guardian’s role and their satisfaction with the representation. To a large extent, most children formulated appropriate and differentiated conceptions of the role and duty of the children’s guardian even if there were a few uncertainties. Furthermore, most children reported on many positive and satisfying aspects, although individual aspects were designated as problematic.