Divorcing parents
and n e r d il h c r o f e id A gu ngland E in e l p o e p g n u o y
ir e h t n e h w s t h ig r ’s C h ildre n pa re nts sp li t up ren and d il h c r o f e id u g A land g n E Summary in e l p o e p g n you
Disability
When parents split up, there can be a lot of disagreement over which parent children live with, and if and how often they can see their other parent. The Children’s Rights Alliance for England is often contacted by people worried that children and young people’s rights and views can be ignored during these difficult times. That is why we have written this short guide to tell you about the law and your rights if this happens to you. This guide includes: • How families can try and agree without going to court • What happens if the court gets involved • How you can tell the court what you think and how you feel
and n e r d il h c r o f • Your human rights e id A gu in England le information. opmore peand • Where youy can unforghelp ogo
en
wom human rights for and girls
This guide only gives general information. For advice about your own situation, you should talk to a lawyer. There is information at the end of this guide about how you can find a lawyer or get legal advice by telephone or email.
ildren lawyers can help ch people andthem. Parents may alsoanbed feeling ren upset youngunhappy ildwill for chwhat or Most families agree between e themselves
How families can try and agree without going to court
A guid and or angry because splitting up is hard. nglstressed E in e l p o e p g n u yo
happen when parents split up. Even so, parental separation usually has a very big effect on children. It helps if parents: • Tell children what is going on • Take children's views into account when making decisions about the future Parents do not always involve children in making decisions when they are splitting up. Sometimes this can be because they think they are protecting children from information and decisions that might
It is usually best if you can tell your parents how you are feeling, especially if you are unhappy about the arrangements that are being made. It may also help for you to talk to someone else you trust, like a friend, a close relative or a teacher. They might be able to help you tell your parents how you are feeling. There is information at the end of this guide about places you can contact to talk to someone outside your family and friendship circles.
ren and A guide for cehilindEngland young peopl
tion on European Conven Human Rights
Nex t ->
s rvices can help familie Family mediation se t. Mediation cour ing to What happens if ou the court gets involved? t go th wi s ion cis de e ak m helps on outside the family is when a trained pers and mily talk about things fa e th of r be em m ch ea ing . Where children are go agree what will happen cision that are being to be affected by the de the ices should make sure made, mediation serv in discussions. children are included
court may say that your parents have to go on a course to help them try and agree on what happens next. It is best to avoid going to court if possible.
Sometimes parents have to ask the court to decide what should happen – because, for example, they cannot agree about which parent children should live with, or if and when children should see their other parent. In these situations, parents will write to the court, or sometimes lawyers will write for them. The
How you can tell the court what you think and how you feel All courts making decisions about families must consider the wishes and feelings of children involved. Section 1 of the Children Act 1989 requires this. Courts must take children’s wishes and feelings into account when making their decision. Usually a person called a Cafcass officer finds out the child’s wishes and feelings for the court. But you can also speak to the judge yourself, or write to the judge. Children do not usually go to the court hearing, but there is no rule that says you cannot attend. In June 2010 the highest court in England – the Supreme Court in London – decided that it should not be assumed that children will not give evidence in family courts. This means that more children will probably get to speak in court in the future – but only if they really want to and they are not being put under pressure. If you feel that you want to speak for yourself, you should tell your parents and the Cafcass officer.
Children Cafcass stands for visory and Family Court Ad and Support Service.
<- Prev io us
If your parents still cannot agree, there may be a court hearing. But this will only happen if a judge believes that the involvement of the court is not going to cause you more harm than trying to solve the problems without going to court. When a court is involved, the judge gets to hear what each person affected by the situation thinks should happen. The judge then makes his or her decision. Sometimes there is more than one hearing, especially if someone is very unhappy about what has been decided, or if the court wants to find out more about the situation before making or changing a decision. Your welfare will be the court’s absolute priority.
Cafcass is a government organi sation that helps the court work out what will be bes t for you. A Cafcass officer should come and talk to you and your family, and find out how you feel. They should put you at ease and help you to express yourself. The y will usually meet you in private though you cannot be forced to meet or speak with them. After the Cafcass offi cer has listened to you and others involved in the situatio n, they will tell the court what you have said and wh at they think would be best for you. They will write a rep ort for the court.
If you are unhappy about what the Cafcass officer is doing, you can talk to them about it. If you are still unhappy, you can make a complaint. Information for children about making a complaint can be found here: www.cafcass.gov.uk/ feedback.aspx or you can call Cafcass on 0844 353 3350. When you are talking to the Cafca ss officer or the judge about how you feel, this doe s not mean you have to choose which parent you want to live with (though you can say if you have a clear preference). You can just say how you feel abo ut things generally. It is natural to be worried about saying something that will hurt your parents’ feelings, though it’s important that everyone gets to understan d what you think and feel. Cafcass and others will try to help your parents understand that decisions about who you should live with are not necessarily about the m personally. It is very understandable that things like how long it will take you to get to and from sch ool; keeping in contact with friends; and continuing you r hobbies and interests will be important to you. There wil l be situations where children are very frightened of a parent and it is very important that everyone involved in making decisions knows about this so the child is not put in danger.
Nex t ->
Sometimes judges will be able to meet with you in private, not in the court, to hear how you are feeling. This can be less intimidating than attending the hearing. Your parents or the Cafcass officer should be able to tell you how to contact the judge. If your situation is particularly difficult, you may need to have your own lawyer. You will not usually have to pay for this lawyer (most children are entitled to legal aid). If you have your own lawyer, their job will be to put across your views and feelings; your parents will have their own lawyer to put across their views and feelings. Depending on how old you are, and how well you understand what is happening, you may need help from someone else to work with the lawyer. This person is called a guardian. Guardians are social workers that are used to working with children in difficult situations. They must tell the court what they think is best for you. They stay in contact with you until the court has made its decision. (They are not the same as guardians who look after children if their parents die: these are usually family or friends of the family).
Whe re yo u ca n go fo r he lp an d mo re Cafcass website There is useful information on the s split up: www. about what happens when parent for_children.aspx cafcass.gov.uk/cafcass_and_you/info_ n Legal advice and representatio ut the law when abo ice For free telephone legal adv tact the Children’s your parents split up, you can con one); this is open Legal Centre 08088 020 008 (freeph Friday. from 9.00am to 5.00pm Monday to Youth Advocacy You can also contact the National ) or send a Service on 0800 61 61 01 (freephone send an email to text message to 0777 333 4555 or help@nyas.net ts and equality For advice about your human righ Alliance for law, contact the Children’s Rights (no charge England - Telephone 0800 32 88 759 users dial 18001 except from a mobile; Textphone ys, Wednesdays first) 3.30pm – 5.30pm on Tuesda .org.uk and Thursdays; email – advice@crae for you, If you need a lawyer to advise or act el lawyer. These you should go to a Children Pan in dealing with are family lawyers who specialise find details of cases involving children. You can a by going to the Children Panel lawyers in your are ciety.org.uk. Law Society website: www.lawso n search under Click on ‘Finding a solicitor’ and the
<- Prev io us
eone is best to choose som If you need a lawyer, it use e Children Panel beca who is a member of th s. se rking on children’s ca they are experts in wo yers out Children Panel law There is information ab . at the end of this guide Cafcass and the court must respect your human rights. This includes: • Your right to privacy and your right to continue relationships with people in your family (Article 8, European Convention on Human Rights) • Your right to have your best interests as a top priority when decisions are being made about you (Article 3, United Nations Convention on the Rights of the Child) • Your right to express your own views and to have these views taken into account when decisions are being made about you (Article 12, United Nations Convention on the Rights of the Child).
inf or matio n de. Click on ‘family law’ according to your postco ildren Panel ‘more search options’ and pick ‘Ch the drop down list. solicitor – adult representative’ from Society by Alternatively, you can contact the Law telephone on: 020 7242 1222. Family mediation rg.uk/home National Family Mediation www.nfm.o Helpline 0808 200 0033
Ot he r pe op le wh o ca n he lp ChildLine thing that is You can contact ChildLine about any 11 (freephone) or worrying you at any time on 0800 11 es/Home.aspx online: http://www.childline.org.uk/Pag
by the Equality You’ve got the Right is funded and Human Rights Commission
94 White Lion Street, London N1 9PF T: 020 7278 8222 W: www.crae.org.uk