The Fifth Commandment

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 aprima facieright 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 neglectde factolawful. 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.

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