Judges in family courts have been told they are to consult with children and young people when matters in a divorce/separation involve them.
The move is evidence that attention is increasingly being given to the idea that a child’s voice should be considered in decision-making.
It will apply to children in England and Wales who are the subject of care proceedings, or if one of their parents is to be denied contact to them. It will only apply to children aged ten or over.
There were 90,000 children involved in new cases in the family courts last year, so the decision will have a positive impact on a huge number of children and young people involved in their parents’ separation. They will now be able to express their wishes and thoughts about the proceedings directly to the judge.
The Family Justice Young People’s Board (FJYPB) are an organisation that advocate child inclusivity in the family courts. They organised pilots of the scheme which ran in Leeds and North Yorkshire last year and found they were successful.
The FJYPB also wish to see greater resources and information available to children during their parents’ divorce or separation. They believe children should be kept informed throughout the court process, on terms that they understand, and that the relevant professionals should use clear language and avoid complicated legal jargon.
Separating or divorcing parents are frequently told children should be put first, but their involvement in decisions that affect them is often minimal.
The view of Justice Minister Simon Hughes is that children’s voices are not heard, despite them being placed at the centre of proceedings. He said: “Young people are some of the most vulnerable in society, and it is vitally important that we make sure they are at the heart of the family justice system.
“Children and young people must by law have their views heard before decisions are made about their future, and where decisions are made that will impact them. At the moment, it is still too often that their views are not heard.”
The Ministry of Justice also announced they are to increase their work with mediators so more parents and children make use of the mediation process. Some mediators have been trained to consult with children, enabling children’s voices to be heard and considered during the mediation process.
The family team at Macks Solictors know that this is what Resolution has been calling for, for a number of years now. Children get caught in the middle when their parents separate and often how they feel and what they want often fall by the way side. This of course has an impact upon their relationship with their parents and also their emotional well being. We are happy that the government has taken on board what Resolution and others organisations like Only Mums, Only Dads and Kids in the Middle have been calling for.
Macks family solicitors are members of Resolution and aim to resolve their client’s disputes in a non confrontational manner and will always encourage alternative to court proceedings. Solutions are often reached when both parties and their solicitors agree to avoid court. This will often mean that expenses are not as high, and the overall process is less challenging. If you wish to arrange a discussion about your divorce or separation, you can contact our family team solicitors on 01642 252 828, or visit one of our offices in Middlesbrough, Darlington and Redcar.
