Will My Children Have to Give Evidence in Family Court?

How to Prove Your Child’s Wishes and Feelings in Court

We know it’s difficult to show the Court how your children are feeling without them physically being there. But don’t worry, if your child arrangement issues have gone as far as Court, there are actually several ways the Judge will get to know your child’s wishes. These include:

• Parent Evidence - The Court will listen carefully to both parents when deciding on child care arrangements. It’s important to remember that this isn’t the most reliable evidence, as your children may be saying one thing to you and another thing to their other parent, but the Court will take everything into account before it decides.
• CAFCASS or Social Worker Reports - Normally, CAFCASS will meet your child and discuss their wishes and feelings with them. The CAFCASS Officer will then give this information to the Court as evidence to help your case.
• Letter from your Child - CAFCASS will often collect written materials from your children, which can include a letter from your child to the Judge hearing your case.

It can be a really emotional and stressful process having to take your childcare issues to Court. But it can be reassuring to know that whether your children present evidence in Court or not, there are several processes in place to make sure that their wishes and feelings are properly considered.

You should also keep in mind that what a child wants might not be what is in their best interests, and the Court will consider this too.

If you’re experience family issues in Court and you’re worried about what the outcome will look like for your children, we can help you.

Speak to one of our Family Law Solicitors today for expert advice. We will listen to your issues and can take care of the legal side of things so you can focus on your family life and putting your children first.