In a recent speech Simon Hughes
MP indicated that the Government will be moving to a regime whereby young people
involved in public law (care proceedings) and private law (child arrangements)
proceedings will have access to the Judge.
“Children and young people of 10 and over will therefore be given the
chance to make clear their views in person or if preferred in another way”.
Mr Hughes also went further to suggest that the Government would work with
mediation services to ensure that children have appropriate access to mediators
in cases which affect them.
There is already provision in place for children to be represented in
proceedings by a children’s Guardian, however the circumstances in which Guardian’s
are appointed are limited. If appointed
by the Court the Guardian will represent the rights and interests of a child
during a case. The Guardian will,
during the proceedings, prepare a report for the Court to advise on how best to
safeguard the child’s interests which may not always correspond with the direct
wishes of the child.
This planned move will give greater weight to the wishes of children in deciding
where they should live and how often they should see each parent.
For older
children whose parents are currently embroiled in difficult private law
proceedings it may be seen as a welcomed opportunity for them to express their
views and to have their wishes taken in to account.
If you wish to discuss any issues relating to the care of
your child please contact our team of experts.
Contact details can be found at www.gamlinslaw.co.uk.
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