Child-Centered Jurisprudence

Family on church

Justice Begins With the Dignity of the Child

Child-centered jurisprudence is the central jurisprudential project of TCMP.
It asks courts, lawmakers, lawyers, scholars, parents, and citizens to examine family law from the standpoint of the child as well as the adults.

Traditional family-law litigation is procedurally organized around adult parties.

A petitioner files. A respondent answers. The court adjudicates.

But children may experience some of the most significant consequences of the judgment even though they did not initiate the proceeding and ordinarily exercise little control over it

Happy family

A Different Starting Point

Child-centered jurisprudence begins by asking:

What rights, relationships, interests, and protections belonging to the child are affected by the proposed exercise of governmental power?

Only then does it ask what legal intervention is justified.

This approach does not mean that every marriage must continue regardless of circumstances.

It does not require children to remain in dangerous homes.
It does not subordinate legitimate protection from abuse, violence, neglect, abandonment, or serious harm.

Instead, it rejects the opposite assumption: that because adults possess interests concerning marital dissolution, the child’s interests can automatically be treated as derivative or secondary.

Core Principles

  • Children possess dignity independent of the litigation positions of their parents.
  • Children may possess interests that overlap with but are not always identical to the interests of either parent.
  • The parent-child relationship possesses constitutional significance.
  • Governmental alteration of family relationships should rest upon legally sufficient grounds and appropriate procedures.
  • The best interests of the child should be established through evidence rather than assumed from the procedural choices of adults.
Couple is on Stress

Beyond the Divorce Debate

Child-centered jurisprudence reaches beyond questions of divorce.

  • conservatorship;
  • custody;
  • parental relocation;
  • education;
  • religious upbringing;
  • foster care;
  • adoption;
  • termination of parental rights;
  • child representation;
  • evidentiary standards;
  • procedural due process; and
  • legislation affecting family integrity

TCMP’s long-term objective is to contribute to the development of a coherent body of scholarship and legal reasoning in which the dignity and lawful interests of children occupy their proper place in family jurisprudence.

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