Article 12 of the United Nations Convention on the Rights of the Child makes it very clear that any child capable of forming their own views, should have the right to express those freely in all matters affecting them. This right led to the growing importance of listening to the ‘Voice of the Child’ in family proceedings that involve the arrangements for a child.

The Courts in England and Wales use a welfare checklist to determine decisions such as how much time the children should spend with each parent. The first point on the checklist is the ascertainable wishes and feelings of the child, always considering their age and understanding.

Practice Direction 12B paragraph 4.4 of the Family Procedure Rules PRACTICE DIRECTION 12B – CHILD ARRANGEMENTS PROGRAMME – Justice UK makes it clear that children should be involved, to the extent which is appropriate given their age and their level of understanding, in making the arrangements which affect them.

In court proceedings, the children’s voices are usually heard, often with the assistance of CAFCASS (Child and Family Court Advisory Support Service). However, most families who separate do not engage in court proceedings and the arrangements for the children are resolved by the parents, often with the help of solicitors. In these cases, the voice of the child is often being unheard when arrangements are made.

Following a conference that took place on the 12^th June 2025 to promote children’s voices in family separation, Sir Andrew McFarlane, the President of the Family Division at the time, recognised the importance of consulting with children in all family cases and welcomed an initiative for child inclusive mediation to be used in decisions made out of court. Children’s Voices in Family Separation – Family Solutions Group

This initiative encourages solicitors to use child inclusive mediators to ensure that the children’s voices are heard as is their right and for their views to be fed back to the parents where appropriate. It is a solicitor led process with child inclusive mediators engaged alongside the solicitors. Solicitors are actively encouraged to explain to their clients, the benefits of including the voice of the children involved in a separation.

Child inclusive mediation is a fully confidential process. It gives young people a voice and it gives parents the opportunity to make a more informed decision based on understanding their child’s experience and what matters to them.

Child inclusive mediators can be found by Searching the FMC website. Lucinda Holliday is a Child Inclusive Mediator Lucinda Holliday – Family Mediation Council

Rethinking how family disputes are framed

During Mediation Week, attention often turns to alternatives to court. For many people, however, the real difficulty is not choosing a process but feeling uneasy about the idea of taking sides at all.

When a relationship breaks down, it can feel as though the only way forward is to adopt firm positions and prepare for conflict. Family disputes are frequently framed as one person versus the other, with each expected to defend their own interests. For some, that approach feels unavoidable. For others, it feels emotionally draining and at odds with the outcome they are hoping to achieve.

A neutral process, not a passive one

Mediation offers a different framework. Rather than asking either person to “win”, it provides a structured and neutral space where discussions can take place safely and productively. The focus is not on blame or point scoring, but on identifying the issues that need to be resolved and working towards practical outcomes.

A common misconception is that mediation only works where relationships are amicable. Mediation is often used precisely because communication has broken down and emotions are high. Neutrality does not mean standing back. A mediator actively manages the process, setting boundaries, guiding discussions and ensuring that both parties are heard.

Creating structure when emotions are high

Separation can amplify stress, fear and frustration, making constructive conversations difficult. Mediation is designed to slow discussions down and introduce structure, helping people move forward in a controlled and measured way rather than reacting in the heat of the moment.

This can be particularly important where there is an imbalance in confidence or communication styles. A structured process can help ensure that one voice does not dominate and that discussions remain focused on what needs to be decided.

Keeping children at the centre of discussions

Where children are involved, neutrality takes on an added dimension. Decisions about arrangements and future planning need to prioritise a child’s welfare rather than adult conflict. Mediation allows these conversations to take place in a calm and contained environment, with space to consider what will work in practice and support a child’s longer-term wellbeing.

Addressing financial matters pragmatically

Financial discussions following separation are often emotionally charged. Mediation provides a forum for finances to be discussed openly and constructively, helping both people understand their options and responsibilities without immediately resorting to adversarial positions.

Experienced mediators guiding the process

At Blaser Mills, family mediation is led by experienced practitioners who understand both the emotional and legal realities of separation. Sadie Glover is a qualified family mediator with over 20 years’ experience in family law, supporting clients to reach long-term solutions while aiming to avoid the emotional and financial strain of litigation where possible.

Lucinda Holliday is an accredited mediator in financial, and children matters and has been practicing since 2011. She is also a Child Inclusive Mediator, helping ensure that a child’s voice can be heard appropriately and sensitively within the mediation process.

If you are considering your options during Mediation Week and want a way forward that does not involve choosing sides, mediation may offer a constructive place to start.

If you’d like more information on mediation, including helpful resources and webinars, please see: https://www.familymediationcouncil.org.uk/fmw/

Many parents going through separation assume that the court will always expect children to spend time with both parents, regardless of the circumstances. While English law does begin with a presumption of parental involvement, the way that presumption is applied has become increasingly nuanced in recent years. In addition, a government review published in October 2025 signals a significant shift and is expected to lead to changes to the current legal framework.

What does the presumption actually mean?

Under section 1(2A) of the Children Act 1989, the court starts from the position that a child’s welfare is likely to be furthered by the involvement of each parent in their life. This provision is frequently misunderstood.

Importantly, parental involvement does not mean equal time or shared care. It simply means some form of involvement, which may range from direct time with a parent to indirect contact, such as phone calls, messages or letters.

The child’s welfare always comes first

The presumption of parental involvement is not absolute. It applies only where such involvement does not place the child at risk of suffering harm. The court’s paramount consideration remains the child’s welfare, assessed by reference to the statutory welfare checklist. This includes the child’s needs, wishes and feelings, and any risk of physical or emotional harm.

In practice, courts are increasingly focused on the quality and safety of a parent’s involvement, rather than assuming that involvement is always beneficial. This reflects a broader and more developed understanding of issues such as domestic abuse, coercive control, emotional harm and the impact of high parental conflict on children.

Is there a shift in approach?

Although the law itself has not yet changed, there has been a noticeable shift in how the presumption is applied. Judges are now more willing to scrutinise the evidence carefully and, where appropriate, to limit or refuse parental involvement if it is not genuinely in the child’s best interests.

This can be difficult for parents who believe the presumption gives them an automatic right to contact. The court does not determine cases by reference to parental rights, but by assessing what arrangements best support the child’s safety, stability and emotional wellbeing.

What does this mean for parents?

Every case is decided on its own facts. The presumption of parental involvement may be upheld, adapted or rebutted depending on the individual circumstances. Early legal advice can help parents understand how the court is likely to approach their situation and what evidence may be relevant.

If you have concerns about child arrangements or how parental involvement may be assessed in your case, a family lawyer can help you understand your options and the next steps.

For further information or advice, contact Maryam Abbasi on 01628 962238 or email maryam.abbasi@blasermills.co.uk.

For many couples going through divorce, one of the most emotionally charged questions is not about money or property, but about the family pet. Dogs, cats and other companion animals are often seen as part of the family, providing comfort, routine and emotional support. It can therefore be surprising, and upsetting, to discover how the law in England and Wales currently treats them.

How the law treats pets on divorce

Under the current legal framework, pets are classed as chattels. In simple terms, they are treated as personal possessions, much like furniture or a car. If there is a dispute, the court’s focus is on ownership rather than welfare.

This means the court will look at practical and financial factors such as who bought the pet, whose name appears on veterinary records, who pays for food and insurance, and where the pet lives at the time of separation. The court is not required to consider what arrangement would be best for the animal itself.

There is no equivalent of a child arrangements order for pets. The court cannot order shared care or contact, even where both parties have played an active role in caring for the animal.

Why this can be so difficult

For many people, this approach feels out of step with modern family life. Pets are often deeply loved and form part of daily routines. Arguments about pets can quickly become highly emotive and may increase conflict at an already stressful time.

Disputes about pets can also complicate wider divorce negotiations, making it harder to reach agreement on finances or to move forward constructively.

Can couples agree their own arrangements?

Yes, and in most cases, this is encouraged. Many separating couples can reach sensible agreements about where a pet will live and how responsibility for care and costs will be shared. Mediation and collaborative law can be particularly effective in helping couples resolve these issues in a calm and practical way.

While these agreements are not the same as court orders for children, they can provide clarity and reassurance for both parties.

Should the law change?

There is growing recognition that the law has not kept pace with society’s view of pets. Other countries already allow courts to consider animal welfare when relationships break down.

In England and Wales, reform is actively being discussed. Sadie Glover, Partner and Head of the Family and Divorce team, is a member of The Working Group on Pets in Divorce. The group includes more than 20 family lawyers and barristers, alongside vets and an animal behaviourist, and is focused on changing the law so that pets are treated differently from other chattels, with greater emphasis on their welfare.

Sadie is a staunch advocate for pets, being a devoted dog owner and general animal lover. Of the current legal position concerning pets in divorce in England and Wales, she says “I, and the other members of the Working Group on Pets on Divorce are strongly advocating for a meaningful change in the law when it comes to pets. As a nation of pet lovers, I find it astonishing that we are lagging so far behind other jurisdictions. Australia, New Zealand, much of the USA, Canada, most of Europe and Latin America have already changed their laws so that pets are not considered merely property but have a different status to other property on divorce and separation. Our proposal is to adopt the Australian model which was in turn adopted from British Columbia, Canada”.

Taking advice early

If you are getting divorced and are worried about what will happen to your pet, early legal advice can help you understand your options and reduce the risk of conflict. Clear arrangements agreed at the outset can make a real difference for everyone involved, including your pet.

For further information or advice surrounding pets and divorce, please contact Sadie Glover on 01628 962239 or email sadie.glover@blasermills.co.uk.

If you are involved in a family law dispute about your children, emotions can run high. Parents are often worried about being believed, especially where there are allegations about the other parent’s behaviour. Some consider secretly recording conversations with their child or with the other parent as a way of protecting themselves or gathering evidence.

The Family Justice Council issued guidance on the use of covert recordings in cases involving children. This guidance is important for parents to understand before taking any steps that could affect their case.

What is a covert recording?

A covert recording is a recording made without the knowledge or consent of the person being recorded. In family cases, this can include secretly recording a child, recording handovers, or recording conversations with the other parent.

Parents often say they feel they have no choice, particularly if they believe professionals are not listening or if they are concerned about their child’s welfare.

How do the courts view covert recordings?

The guidance makes it clear that covert recordings are rarely helpful and can be harmful. The family court’s focus is always on what is in the child’s best interests. Secretly recording a child can place them under pressure, undermine trust, and involve them in adult conflict.

Judges may allow covert recordings to be considered as evidence in limited circumstances, but this is not guaranteed. Even where recordings are admitted, the court may be concerned about why they were made and the impact on the child.

Recording children is particularly concerning

The guidance draws a strong distinction between recording adults and recording children. Secretly recording a child is strongly discouraged. It can damage the child emotionally and may affect how the court views the parent who made the recording.

The court may ask whether the child understood they were being recorded, whether they felt encouraged to say certain things, and whether the recording puts them in the middle of a dispute they should be protected from.

Are there safer alternatives?

Yes. If you are worried about your child’s welfare, it is usually better to raise concerns through appropriate channels. This might include speaking to your solicitor, raising issues with Cafcass, (Children and Family Court Advisory and Support Service is an independent body in England that represents children’s interests in family court cases) keeping a factual written record of events, or asking the court to consider professional involvement.

Taking legal advice before recording anything is crucial. What may feel like a protective step can sometimes make matters worse.

Final thoughts

Every case is different, but covert recordings carry real risks. If you are considering recording conversations involving your child, or if recordings already exist, early legal advice can help you understand your options and protect your child’s best interests.

If you are dealing with a children dispute and need clear, practical advice, a specialist family lawyer can guide you through the process.

For further information or advice please contact Naim Qureshi on 01494 781356 or email naim.qureshi@blasermills.co.uk.