The Divorce Process
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Children should be given more of a voice in court.
Last year over 100,000 children were part of family law cases in court, either between parents or social services, the outcomes almost always impact the child’s life.
Whatever the decision is the child must then accept it, the problem is that children do not always give evidence or speak with the judge, instead they speak with Cafcass, the guardian service set up by the government to represent children in family court cases. They are independent of the courts, social services, education and health authorities and all similar agencies.
Many children are unhappy about this, whilst the intentions are good children have been left feeling that they have not been given an opportunity to express their own opinions as they would have liked and sometimes are left feeling that the decision made by the court is incorrect, the longer term affect on a child’s life can be destabilising.
In many ways it can be said that the present system breaches the UN convention on human rights for children where it states that children should be able to hold and express their opinion.
In 2010 a group of judges were asked to draw up guidelines designed to give children more of a voice in family law cases, either directly with the judge or in court, in 2014 the government promised to amend the guidelines, since then plans have been shelved.
It appears these proposals are being revisited, Lord Justice Jackson, a supporter of change, highlights the need for flexibility as not all children would like to meet with the judge, but the option is important, protecting children must be at the forefront of family justice reform, and the Ministry of Justice will be discussing these changes in the very near future.
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