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Children10 January 2026

A Child's Voice in Court: How Children's Wishes Are Considered

One of the most sensitive aspects of family court proceedings is how children's wishes and feelings are taken into account. Understanding this process can help parents navigate child arrangement applications more effectively.

The Welfare Checklist

Under the Children Act 1989, the court must consider the "welfare checklist" when making decisions about children. This includes:

  • The ascertainable wishes and feelings of the child (considered in light of their age and understanding)
  • Their physical, emotional and educational needs
  • The likely effect of any change in circumstances
  • Their age, sex, background and any relevant characteristics
  • Any harm they have suffered or are at risk of suffering
  • How capable each parent is of meeting the child's needs

How Are Children's Views Gathered?

CAFCASS (Children and Family Court Advisory and Support Service) — A CAFCASS officer may be appointed to speak with children and report their wishes to the court.

The child's age matters — While there's no specific age at which a child's views become decisive, older children's wishes typically carry more weight.

Keeping Children at the Heart

As a Divorce Navigator, I always encourage parents to keep their children's well-being at the centre of every decision. This means:

  • Shielding children from conflict between parents
  • Maintaining stability and routine where possible
  • Listening to children's concerns without pressuring them
  • Focusing on what's best for them, not what's convenient for adults

McKenzie Friend Directory

Looking for a McKenzie Friend?

If you are preparing for your next hearing and want someone experienced in your corner — someone who has sat in those courtrooms, knows how FDA hearings run, and understands what the other side's solicitor is doing — a McKenzie Friend can attend with you, help you prepare, and make sure the court hears what it needs to hear.

Find a McKenzie Friend →

Stuck on this step? Let me guide you.

Whether you need help understanding the process or practical support with your case, I'm here to help.

Bridge The Gap — Resources

Free family court forms, guides, and templates

If you are representing yourself, you will need the right forms and a clear idea of how to fill them in. The Bridge The Gap resources hub brings together free court forms, plain-English guides, and templates you can actually use — instead of guessing your way through them.

Browse Free Resources →

Please note: My role is to provide practical, process‑focused support. I do not give legal advice. Legal advice is often needed at key points, and I regularly encourage people to seek advice from a family solicitor. Many clients work with me alongside their solicitor, using legal advice for legal decisions and practical support to manage the process around it.

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