09/01/2025
After separation, when are a child’s views about arrangements taken into account?
When a child’s parents separate, it can be a really stressful and upsetting time.
Children can often feel stuck in the middle and have a sense of divided loyalties. Separation will affect children in different ways depending on their age and circumstances.
Separation means that decisions need to be made about arrangements for children, which usually require changes to routines and sometimes homes.
A child’s wishes and feelings should be considered by parents in accordance with their age and understanding. Younger children are less likely to be able articulate clear views about their wishes. Older children will likely have opinions and wish to have their voice heard.
The “Welfare Checklist” contained within Section 8 of the Children Act 1989 highlights the important factors that CAFCASS and the Judge must take into account when making recommendations and reaching conclusions regarding children arrangements.
These factors are:
(a) The ascertainable wishes and feelings with the child concerned, considered in the light of their age and understanding;
(b) Their physical, emotional and educational needs;
(c) The likely effect on them of any change in their circumstances;
(d) Their age, s*x, background and any characteristics of theirs which the Court considers relevant;
(e) Any harm which they have suffered or which they are at risk of suffering;
Child Inclusive Mediation
This can be helpful to older children, as it enables them to speak independently to a trained child mediator to “get their point across” about their wishes and feelings and what they would like to happen with the child arrangements.
The mediator will then provide feedback to the parents and arrangements can then hopefully be agreed in line with the child’s wishes and feelings, subject to consideration to “the Welfare Checklist”.
Court proceedings
If no agreement can be reached regarding the arrangements within mediation or through other non-court dispute resolution, then as a last resort, a court application can be made. Within these proceedings, the court may order a Section 7 Report be completed.
Section 7 reports are usually undertaken by CAFCASS (Children and Family Court Advisory and Support Service) Officer.
Parents should not be concerned about children being put under pressure to give an “answer” or “to make a decision”. CAFCASS Officers are trained in many different techniques to ascertain a child’s wishes and feelings. Not every child will be spoken to as it will be the CAFCASS Officer’s decision to decide whether it is in the child’s best interest to be spoken to or whether it could potentially cause damage to the child. Each case is therefore considered individually.
Whilst the Court will listen to the voice of the child it is important to be aware that the decision will never be left in the hands of the child (unless that child is around 15 or older, in which case the Court may feel there is no need to make an order at all).
Within court proceedings, the decision will be made by the Judge, and parents should not be under the misconception that a 10 year old child will be deciding which parent they will be living with.
If you are encountering difficulties with any aspect of child arrangements, please do not hesitate to get in touch with a member of our Family Team.
We can offer initial free half hour appointments either face to face in the office, or by telephone or a paid appointment which is followed up with a letter confirming the advice provided.
Contact us on 01924 332395 or use the enquiry form on our website www.kingstreetsolicitors.co.uk.
Resources for parents
My parents live apart and can’t agree arrangements for me | Cafcass
https://www.cafcass.gov.uk/parent-carer-or-family-member/applications-child-arrangements-order/court-process-and-what-expect/court-asks-fca-write-report-if-your-case-goes-beyond-first-hearing-section-7-reports
https://
www.voiceofthechild.org.uk/kb/needs-wishes-feelings-guidance-cafcass/
What guidance do Cafcass provide to their FCAs on understanding and reporting on the needs, wishes and feelings of children? View the forms they make children complete.
