Children’s Participation in Divorce Proceedings—An Arendtian Critique

Abstract

Abstract The essay proposes that children should not participate in custody proceedings because they lack a place in the public world, a concept which was developed by Arendt and which I elaborate on the basis of her writings. Arendt’s concepts of place in the world and of childhood are correlated, polar ethical concepts. ‘Place in the world’ as described by Arendt combines commitment to worldbuilding as a collaborative enterprise, relations of mutual-recognition among equal co-builders of the public world, an inviolable place in public and private realms, and self-disclosure through the staging of public appearances. We should recognize children as rightful participants in divorce proceedings when we are ready to treat them as occupants of place in the world, split between public and private realms and corresponding public and private voices. Recent practices of children’s participation undermine the intimate realm of childhood as well as the public world.