Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

02 MAR 2015

Children’s voices: centre-stage or sidelined in out-of-court dispute resolution in England and Wales? [2015] CFLQ 43

Keywords: Mediation – family dispute resolution – child-inclusive – autonomy – children’s rights – children’s voices

The UK Government recently announced that children aged 10 and over should have the opportunity to be consulted on their views in both family court proceedings and family mediation. Drawing on data from the Economic and Social Research Council (ESRC) funded ‘Mapping Paths to Family Justice’ project, this article examines the extent to which children’s voices are currently heard within out-of-court family dispute resolution (FDR) processes in England and Wales. The article documents practitioners’ and parties’ views and experiences of child consultation, as well as evidence of the ways in which adult disputes may become the dominant concern and children’s welfare marginalised in FDR processes. It argues that the government’s proposals would represent a significant change in current practices. To achieve such a cultural shift would require better training and accreditation for FDR professionals, adequate funding of child-inclusive mediation, reframing of children’s participation in terms of rights to have their views heard and correspondingly, modification of the central principle of party autonomy in FDR processes.

Family Court Practice, The

(Red Book)

The Red Book is the acknowledged authority on practice and procedure

More Info from £498.00
Available in Family Law Online
Family Law

Family Law


"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £320.00
Available in Family Law Online
Subscribe to our newsletters