Child Focused Court Hearings
Child Focused Court Hearings – The biggest Change in 30 Years.
The Government’s support for a new “child-focused” approach to Family Court battles between parents is long overdue and will turn the old approach on its head.
The child focused model scheme which has been piloted since 2022 covered 10 out of the 43 court areas in England and Wales. However, over the next three years, the UK courts plan to extend the child focused model nationwide. Currently parents arrive at court and each put forward their own version of events.
This child focused approach is an essential part of the UK’s approach to safeguarding children and making decisions about their welfare. These hearings aim to ensure that the needs, rights, and voices of children are placed at the centre of any legal or welfare related decision-making process. Rather than focusing solely on legal arguments or adult perspectives, a child focused court hearing prioritises the wellbeing and best interests of the child.
Any parent who has been involved in a dispute concerning a child will know that court proceedings can be extremely difficult and emotionally exhausting. The child focused model prioritises the child’s physical, emotional, and mental wellbeing by offering the judge sight of a report that a social worker from the independent Children and Family Court Advisory Service (Cafcass) has produced. This is provided to the judge once the Cafcass officer has listened to the child speaking openly about their wishes and feelings and before the court proceedings begin. Whilst Cafcass will need to recruit upwards of 200 more social workers, the Government have pledged an additional £17m for the first year and would remain committed for future funding. Time and training will need to be rolled out across the courts of England and Wales, but this change is welcomed by family law practitioners.
Matt Clemence, Head of Family Law at Kerseys Solicitors commented “Child focused hearings represent a progressive and compassionate approach to dealing with issues affecting children and can only be seen as a positive. By placing the child at the centre of the process, these hearings ensure that decisions are made with careful consideration of their wellbeing, rights, and future development. As such, they are a crucial component of the overarching child protection and welfare framework”.
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