29 January 2026
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 12th 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