The Sound of Silence?
No, I'm not referring to that point in the evening when my toddler finally drifts off to sleep. I'm referring to the voice of the child in the family justice system. This week is family mediation week – an opportunity for us all to raise awareness of family mediation and of the benefits it can bring to separating families.
Whether clients instruct us as a mediator, in our Uncouple model, or as their solicitor to support them through mediation or contested court proceedings, ensuring that their child's best interests and perspective is at the heart of every session or stage of dispute is fundamental to that child's welfare and wellbeing and to justice being served.
But, as highlighted by the charity Justice (in its Improving Access to Justice for Separated Families Report, 2022), and The Family Solutions Group (in its 'A Child's Right to Matter' Report, 2023), children's voices too often remain unheard within the family justice system (and outside it) when decisions are being made about their welfare and future. It is one thing to hear and not listen, it is another to not even be willing to hear.
Assessing the legal and moral aspects of listening to the voice of the child in family mediation and within the wider family justice system is something we take very seriously. And shining a light on the recommendations in these reports and backing their calls for the child's perspective to be at the heart of every stage of dispute resolution in the family system so that all those who wish to, including children, can effectively, appropriately and meaningfully be heard, can surely only be a good thing.
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