Page 10 - Town & Around - May 2024

10 Town & Around May 2024 Tel: 01485 540620 email: editor@townandaround.net
Arrangements for children – the child’s right to be heard
By Maria Endall, Associate Solicitor, Hayes + Storr
hen parents separate, difficult children after their parents have separated are
decisions have to be made about more likely to be successful (and not
Wwho their child(ren) will live with breakdown) if the child has had an
and how long they will spend time with the opportunity to be involved in the decision-
other parent. If parents can’t agree on these making process and have their own views
arrangements or other decisions concerning heard, even if the decision that is made does
the upbringing of their child, this can cause not follow the child’s wishes, provided the
uncertainty and anxiety, not only for the reasoning is explained to them.
parents but for the child as well. Children need an opportunity to express
A key point that can often be lost when their views freely, safely and without fear. It’s
making such decisions is that the child has a not always easy for them to tell their parents made concerning them.
fundamental right, in law, to be heard in legal their true feelings about the decisions being The child’s mediator will feedback to the
proceedings that concern them. This right is made about them, as they may fear upsetting parents the information their child wants them
enshrined in the UN Convention on the Rights either or both parents. to know. This information can then really help
of the Child, article 12; the European Resolving arrangements and other to inform parents about the decisions they
Convention on Human Rights, article 8; and decisions concerning children should ideally need to make and help them to work together
in our own domestic law within the Children be done outside of the court arena. Court in the best interests of the child.
Act 1989. proceedings can inflame tensions and
If disagreements between parents reach the consequently have a detrimental impact on the For more information about
family courts, then the court is under a duty child and their relationship with their parents. resolving arrangements and other
to consider the wishes and feelings of the One option for resolving child
child in relation to the decisions the court is arrangements with the best prospect of decisions for children, contact
being asked to make. Often Cafcass (Children success, and ensuring the child is given a Maria Endall on 01328 863231 or
and Family Court Advisory Support Service) voice, is through Child Inclusive Mediation, email maria.endall@hayes-
will undertake work to ascertain the child’s usually suitable for children aged 11+. As storr.com.
wishes and feelings. In some instances, the parents, you will have a mediator with whom
child can write to the judge or, depending you will work through the decisions that need This article is for general information only
upon the age of the child, meet the judge in to be made and your child will have their own and does not constitute legal or professional
person outside of court hearings. mediator who will discuss with them how advice. Please note that the law may have
Research shows that arrangements made for they feel about the decisions that need to be changed since this article was published.