Jargon Busting: 'Voice of the child'

The voice of the child means taking into account what childen experience and feel. It not only refers to what children say directly, but many other aspects of their presentation. It means seeing their experiences from their point of view, walking in their shoes or seeing through their eyes.

In 2015, Resolution (a body representing family practitioners who work to reduce conflict during divorce) specified that the Voice of the Child should be heard loud and clear in family disputes.
https://www.familylaw.co.uk/news_and_comment/voice-of-the-child-needs-to-be-heard-loud-and-clear-in-family-disputes-says-resolution

Why does a child’s voice matter?

Child focused work means children feel listened to, plans are more successful when they are involved and prompt decisions are made about safeguarding when necessary. Talking to children is dependent upon their age and level of understanding, so the entire presentation of a child must be taken into consideration.

A recent Resolution survey of young people whose parents have gone through divorce, carried out by polling agency ComRes, showed that many teens and young adults felt that their parents placed additional stresses on them during the process of break up. Almost a third (32%) said one parent tried to turn them against the other during divorce, while over a quarter (27%) said that ‘my parents tried to involve me in their dispute’.

It is clear that the the voice of the child matters more than ever and the importance to a child of being heard.

What does the legislation say?

The right of a child or young person to be heard is included in the UN Convention of Rights. The Children’s Act 2004 emphasises the importance of speaking to the child or young person as part of any assessment. The importance of speaking to a child or young person and gathering their views has been consistently highlighted in lessons learned from serious case child protection reviews.

Can children speak in court?

The Family Procedure Rules, Practice Direction 12B, provides that children should be at the centre of all decision-making. The Practice Direction sets out the ways in which a child’s view may be communicated to the judge in a number of ways including:

1.) Cafcass officer providing a report

2.) By the child to writing a letter to the court

3.) In limited circumstances by the child being a party to the proceedings in which case a Guardian is appointed to represent the best interests of the child and they will in turn instruct a solicitor for the child to convey the child’s wishes to the judge

4.) By the judge meeting with the child, in accordance with approved Guidance. The judge is not permitted to take any evidence from the child, the purpose is not so that the judge can independently ascertain their wishes and feelings, the aim is to ensure that the child fully understands the process and feels they are participating in it.

How can the voice of the child be important in resolving disputes?

Resolution’s Parenting Charter goes further, encourages separating parents to agree together that their children have the right to:

1.) be at the centre of any decisions made about their lives 2.) feel and be loved and cared for by both parents 3.) know and have contact with both sides of their families, including any siblings who may not live with them, as long as they are safe 4.) a childhood, including freedom from the pressures of adult concerns such as financial worries 5.) financial support and protection from poverty 6.) support and encouragement in all aspects of their lives, including their education, as well as their physical and mental well-being 7.) form and express their own views on any matter affecting them 8.) be kept informed about matters in an age-appropriate manner 9.) privacy and respect for their feelings, including the way they feel about each of their parents 10.) protection from information and material, including that found online, which may be harmful to them 11.) protection from harm, and from adults who might do them harm.

How can I best support my child during disputes or divorce?

Recognise when you need to get some outside help for you and your child. Take the time to try and understand what your child is going through and how they see the change associated with the divorce or separation process.