Report examines the lack of consideration as to the needs of children affected by divorce
A report by the Family Solutions Group this November has recommended family lawyers be forced to follow good practice to protect children from “acrimonious legal representation. The major report also concluded that solicitors report any deviation from good practice to be reported to their regulator, in most cases the SRA.
In 2013, the last year in which data on the numbers of divorces in which the couple had children was collected, almost half of divorces (48%) involved children less than 16 years. These figures highlight the prevalence of children as ‘silent parties’ in the divorce process. The report stated that:
‘Very few of the children and young people who are centrally concerned have the opportunity to be consulted or to have any agency in the decisions made about their lives.’
This is despite Article 12 of the United Nations Convention on the Rights of the Child which: ‘…establishes the right of every child to freely express her or his views, in all matters affecting her or him, and the subsequent right be given due weight, according to the child’s age and for those views to maturity.’