Push for family judges to communicate with children: a new initiative in family law

This initiative highlights the importance of recognising children as key participants in family cases and ensuring their voices are acknowledged throughout the process.

The toolkit for judges

This guidance was developed with contributions from children and young people, judges, researchers, academics, social workers, clinical psychologists, communication experts, and others who work with children in the courts. The goal is to help judges feel more confident in writing to children, making this practice a routine part of all family law cases.

Why is this initiative important?

Research shows that many children feel their voices are not heard during family court proceedings and that they are often left in the dark about the process. This can lead to feelings of frustration and confusion at the end of the proceedings, potentially undermining the effectiveness of any final order made.

While the family court acknowledges children's voices and is required to consider “the ascertainable wishes and feelings of the child concerned,” most children do not realise that this is just one of several factors the court takes into account which may influence the outcome. Additionally, what they express as their wishes is not always determinative. This can create confusion for children who have communicated their preferences to professionals, such as social services and Cafcass, only to find that the final order made by the judge involves different arrangements. Understandably, children may then feel that their views have been sidelined. 

The President of the Family Division, Sir Andrew McFarlane, highlights that a letter from a judge: "will be important for the young person in understanding that their wishes and feelings have been taken into account by the court, and in supporting them to accept or make sense of the decision as they move forward with their life thereafter."

How writing letters helps children

The initiative for judges to write to children, supported by this toolkit, aims to ensure that:

• Children understand the reasoning behind decisions and feel that a judge has taken the time to address them individually while considering what they have to say. 
• Children understand that their views have been taken seriously, even if the outcome differs from their preferences. This understanding is likely to make them more accepting of those decisions. 
• The children have  a timeless record  to reference when they need reassurance or understanding, helping them to cope with and commit to the decisions made about their care. 
• Any potential resentment that children might misdirect toward their parents or caregivers is redirected.

The way forward

Only time will tell if writing letters to children at the conclusion of proceedings becomes the new norm across family courts in England and Wales. With courts already under significant pressure, implementing this new initiative may pose challenges and it is possible that there may not be the capacity to fulfil the ideals outlined in this guidance. 

However, as a family lawyer specialising in private children law, I recognise the value of ensuring children feel heard during the court proceedings, and I hope this toolkit encourages judges to adopt this encouraging practice.

If you are navigating private children law matters and need professional support, contact our family team for tailored advice and compassionate representation.