Divorce involving children

Will our child have to play any part in court proceedings about him/her?

There is no requirement for the court to have any involvement in the arrangements for children when their parents separate (see Do I have to go to court to decide where our children will live after divorce or separation?).  

If, however, matters are being resolved in court proceedings, then a court-appointed social worker will usually have some contact with the child after the first court hearing. Court-appointed social workers work for an organisation known as Cafcass (Children and Family Court Advisory and Support Service).  Cafcass's role is to independently advise the courts about what is in the best interests of children, which they may do by meeting with the parents and the child and observing them in various settings. Their job is to ensure that (where appropriate) children's voices are heard, and Cafcass is sometimes described as 'the eyes and ears of the court' in the sense that they are able to observe for the court what is happening 'on the ground'.  

A Cafcass officer's interactions with the child will depend on the child's age and level of understanding of the proceedings – a Cafcass officer may simply observe a younger child at play and interacting with his/her parents, whereas they are likely to speak with an older child to see what feelings they might have about the proceedings involving them. The Cafcass officer will then write a report for the judge about what, in their view, is in the best interests of the child.

The court is not obliged to follow a Cafcass recommendation, but it often carries a lot of weight.

Non Court Dispute Resolution (NCDR) processes usually offer the opportunity to tailor the process more closely to what the parents (and perhaps the child) want, including in terms of how the child might (or might not) be involved in the decisions being made about him or her. For example, mediation can be child-inclusive in the sense that it is possible to provide an opportunity for the child to share their views with the mediator (or perhaps a different mediator) and to allow the child to control what is shared with their parents. Any NCDR process can also be made less legalistic and more holistic in various ways. It might, for example, be combined with family therapy, counselling, co-parenting programmes, or working with a school Family Liaison Officer, all of which can create opportunities for the voice of a child to be heard.