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