Study Advocates for Children’s Right to be Heard in Parental Separation Cases

Study Advocates for Children’s Right to be Heard in Parental Separation Cases

(IN BRIEF) A study by the University of Exeter recommends that children’s views be considered in parental separation cases to create sustainable child arrangements, reduce court backlogs, and lower financial and emotional costs. The study advocates for family consultation in child arrangement decisions, government funding for child-inclusive non-court processes, and legislative changes to enhance children’s rights. Public awareness campaigns and mediator-funded sessions for children are also suggested.

(PRESS RELEASE) EXETER, 5-Aug-2024 — /EuropaWire/ — A recent study suggests that granting children the right to be heard and taken seriously during parental separations could aid in achieving sustainable child arrangements, alleviate family court backlogs, and reduce financial and emotional strain. The research, conducted by Anne Barlow and Jan Ewing from the University of Exeter, underscores the importance of incorporating children’s views in mediation, court, and legal processes related to post-separation arrangements.

The study advocates for creating forums where young people can independently express their opinions on post-separation arrangements. This increased agency in decision-making can help families make more effective choices, improve children’s well-being during challenging times, and potentially avoid costly court cases. In 2022, private family law cases took an average of 45 weeks to reach a final order, highlighting the need for more efficient processes.

Barlow and Ewing recommend that, unless deemed unsafe, child arrangement decisions should involve consultation with the entire family. They suggest that when mediation is used to agree on such arrangements, children should be allowed to express their views during separate sessions with a mediator. This approach should become the default model, moving away from parental-only discussions.

The study also calls for government funding to ensure children’s voices are heard in non-court processes such as solicitor negotiations, collaborative law, or arbitration. Aligning the family justice system with Article 12 of the United Nations Convention on the Rights of the Child (UNCRC), which emphasizes children’s rights to be heard, would benefit their mental health and well-being. The long-term goal should be incorporating the UNCRC into UK domestic law.

Professor Barlow stated, “Reducing conflict and helping families reach appropriate arrangements can be achieved by including children’s voices and taking their views seriously. This requires a shift from parental autonomy in mediation and family dispute resolution to recognizing children as active participants.”

Dr. Ewing added, “Family mediation often centers around parental autonomy, leading to arrangements that may not align with the child’s wishes or best interests. Children’s views should be gathered directly and taken seriously as part of the dispute resolution process, balancing them against other considerations to further their best interests.”

The study calls on the Family Mediation Council (FMC) to redefine mediation’s purpose, advocating for small legislative changes to enhance children’s rights. It also suggests that separating parents should discuss proposed child arrangements with their children and seek their input.

Expanding the welfare principle in Section 1(1) of the Children’s Act 1989 to apply to out-of-court processes is recommended. This principle, which prioritizes the child’s welfare in court proceedings, could be formally extended to other contexts.

A public awareness campaign to promote child-inclusive mediation and inform parents and children of their rights is also recommended. Additionally, the Legal Services Commission should fund at least one mediation session for each child in cases where the child wishes to meet with the mediator.

Media Contact:

pressoffice@exeter.ac.uk

SOURCE: University of Exeter