Partner, Family Law
In most cases, your children can be kept outside of Family Court proceedings entirely, even if you and your child’s other parent have to go to Court to sort out your family issues.
If you or your former partner think it would help your case for your child to give evidence, it will depend on your child’s circumstances as to whether the Court will allow this.
Before you request a Judge’s permission to bring your children into the Courtroom, you should always get legal advice from a Family Law Solicitor.
You should make any applications for your child to attend Court as early in your case as you can, and the Court could hold a Hearing to work out if your child should give evidence or not. A Judge will always consider if giving evidence in Court will damage your child’s mental wellbeing in any way or if your child will find it too frightening before allowing them to do so.
Our Family Law Solicitors can advise you on this based on your unique circumstances and we will always keep your child’s best interests at the heart of everything we do.
Get in touch for expert legal advice tailored to you and your family.
We're rated‘Excellent’It will only be in very exceptional circumstances that a child is asked to come to Court to present evidence, and the Court’s checklist for this depend on your child’s:
There’s no set age at which children can give evidence in Family Court in England and Wales, or any hard and fast rules for if/when this will be needed.
In the latest headlines, Brad Pitt has been granted joint custody of his and Angelina Jolie’s children after a five-year battle in Court.
It’s been reported that Jolie’s legal team felt that the Judge ‘failed to adequately consider’ the children’s ‘input as to their experience, needs, or wishes’, which violates the United States’ legal code allowing minors aged 14-17 years old to testify.
While there are no set age limits on children submitting evidence in the Family Courts in England and Wales, it is up to the Judge working on your case if they choose not to let children testify.
And where children don’t give evidence, many parents can relate to the feeling of that their children’s wishes and feelings haven’t been properly considered in Family 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:
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.
Most Child Arrangement Orders have a degree of flexibility that allows parents to agree on one off changes. If you and your child’s other parent agree to make changes to the Order informally, it wouldn’t be a breach to move away from the Order’s terms. But these changes won’t be legally binding.
There are several reasons as to why you may be looking to change your child’s name. Whether you’re getting divorced from their other parent or re-married and you want to change your child’s name to reflect this, there are certainly options for you.
Divorce is considered to be one of life’s most stressful events. When this is combined with the pressures of being a frontline worker, the prospect of getting a divorce can seem incredibly daunting, but our Family Lawyers can help.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3465
