Voices of children to be more clearly heard in family disputes

Children involved in any type of family case – whether to remove them into care or disputes about child arrangements following divorce or separation – will be able to have their views heard when decisions are made that will affect them.

Justice Minister Simon Hughes has set out options to make it easier for children to have their views heard. These include meetings, the use of letters or pictures or by way of a third person in addition to their Children and Families Court Advisory and Support Service (Cafcass) officer or social worker.

Family law organisation Resolution says this needs to be part of a wider move to put children’s needs first during divorce and separation.

The organisation, which represents family practitioners who work to reduce conflict during divorce, has developed a Parenting Charter.

The charter sets out what children should expect from their parents during and after their divorce and will be formally launched on Monday, 23 February.

Resolution chair Jo Edwards said: “We hope this will be the start of a broader conversation about how this can be delivered, as we do have some concerns.

“For example, how do we ensure that the child isn’t being put under pressure by one parent, when asked to voice their views? How do we ensure that the child is heard without them feeling responsible for adult decisions? How will court time be managed to enable the child to be heard? And what training will there be for judges?”

Simon Hughes also announced the government’s support for out-of-court dispute resolution services, such as family mediation, to be more child-inclusive.

He said: “For too long, children and young people have struggled to have their voices heard during the family court process. Although they are often at the centre of proceedings, the views of children and how they feel are often not heard, with other people making vital decisions for them.”

To find out more about the family services we provide, please contact Patrick Hart from our Family Law team today.