Children views in family proceedings

A child’s views should be approached in an age-appropriate way within the welfare assessment, without making the child responsible for deciding an adult dispute. In England and Wales, appropriate court and family-court-adviser processes help inform the assessment. ^{[1] [2]}

Give the child space without asking them to decide Listen to ordinary concerns about routines, school, travel and relationships without turning the conversation into a choice between parents. Avoid rehearsing answers, promising a result or repeatedly asking the same question until the child gives a preferred response.

Tell the adviser about age, communication, disability, language and other needs that may affect participation. The appropriate method for understanding views depends on the child and proceedings. A mature-sounding statement should not be treated as an automatic instruction to the court.

Use the appropriate professional channel Ask how the child's views may be considered through the court or family-court-adviser process. Distinguish those views from the adults' interpretation and from the broader welfare assessment. If the child raises a safety concern, seek appropriate safeguarding advice rather than conducting your own repeated interview.

For a reliable account of how an issue arose, use a chronology centred on the child. Where the child may be exposed to intimidation, read about abuse concerns in parenting proceedings. A request for child-arrangements support should explain the difficulty in hearing the child's views, their age and any professional already involved. Do not supply a recording of a coached interview or ask the child to write arguments for one parent. Appropriate participation gives the child a way to be heard while leaving the adult decision and responsibility with the proper decision-maker.

Distinguish listening from asking the child to choose

A child can express feelings about routines, relationships or a proposed change without being asked to decide the legal outcome. Give them space to describe their experience in an age-appropriate way. Avoid questions that demand a choice between parents or imply that one answer will upset an adult. The responsibility for the final arrangement rests with the adults and court as appropriate, informed by the child's welfare and the relevant evidence.

Do not promise that the court will do exactly what the child asks, or tell them their views have no value because they are young. Age, understanding and context matter. A child may express different feelings in different settings, and that does not automatically establish dishonesty or manipulation. Ask the relevant professional how their views should be explored, particularly if there are concerns about pressure, fear or difficulty communicating.

Use the professional route appropriate to the proceedings

Cafcass works in England and Cafcass Cymru has a separate role in Wales. The professional involvement and report required depend on the court's directions and the procedure operating in the case. Do not assume every child will have the same type of interview or report. Give the adviser any accessibility, language or developmental information that may help the professional communicate appropriately with the child. ^[1][2]

Explain the appointment to the child in neutral terms agreed with the professional where needed. They can be told that the professional wants to understand their life and what matters to them. Avoid rehearsing answers or supplying a script of things they should say. If the child asks a question you cannot answer, acknowledge that and seek guidance rather than inventing an explanation about what the court has already decided.

Preserve spontaneous comments without repeated questioning

If a child raises a concern in ordinary conversation, listen and record the context accurately if it is relevant to advice or safeguarding. Do not ask them to repeat the account to several adults, make a recording for the case or produce a statement to support one parent's position. Where the concern suggests immediate harm, use the appropriate safeguarding route. Ordinary evidence preparation should not delay help or turn the child into the investigator of an adult dispute.

For example, a child saying that a particular handover feels frightening may be describing the adult interaction, the location or another feature. Avoid immediately supplying your own explanation. A professional may need to understand the concern in a sensitive way. The useful adult response is to take the concern seriously, preserve relevant facts and obtain appropriate guidance, rather than transforming the comment into a broad conclusion the child did not express.

Read reports and decisions in their full context

If a report summarises the child's views, consider the whole assessment and the purpose for which it was prepared. A recommendation may weigh those views with other welfare factors. If you believe the report contains a factual error, identify the specific passage and supporting information through the proper process. Do not respond by questioning the child repeatedly to obtain a competing version or publishing the report to invite public judgment.

After a decision, explain the practical arrangement without blaming the child or another adult for the outcome. Make clear that the child is not responsible for the court's choice. If circumstances or the child's needs later change, seek advice about the appropriate review route rather than treating a past statement as an unchangeable preference. The aim is meaningful participation that respects the child's voice while protecting them from the burden of deciding or defending the adults' legal positions.