A parent asked me whether a child of 12 is allowed to speak in an English family court and decide which parent they wish to live with. I answered: A 12-year-old’s wishes are considered in English family courts, though typically, they’re not allowed to speak, as it is deemed too stressful. The court weighs their views alongside factors like maturity, needs, and the broader welfare checklist, often relying on CAFCASS to communicate the child’s preferences. HOWEVER, concerns remain about how courts handle cases of parental alienation, as they may prioritise the status quo (even if detecting an attachment disorder/trauma bonding, coercive control) over addressing the negative impact of alienation, leading to unresolved co-parenting issues and unpunished false allegations. Sorry to say.
I’ve covered ‘the voice of the child’ in many other posts, but to answer more fully here:
The court will take into account the child’s preferences, but it’s not the only factor. The court considers the child’s maturity and understanding. A 12-year-old’s views are likely to be given substantial weight if the court believes the child understands the situation and the implications of their choice.
Under the Children Act 1989, the court follows a welfare checklist to determine the child’s best interests. This includes factors like the child’s needs, the likely effect of any change in circumstances, and the capability of each parent to meet the child’s needs. The Family Justice System places significant emphasis on the child’s voice being heard. A child aged 12 can speak in court in England, but it is not typical. The court typically prefers other methods that are less stressful for the child. The child’s wishes are more often communicated to the court through a representative of CAFCASS (Children and Family Court Advisory and Support Service) or a similar intermediary rather than the child speaking in court. CAFCASS may speak with the child and provide a report to the court on what the child wants and what they believe is in their best interests.Ultimately, while a child can express a preference, the final decision is made by the judge, who should prioritise the child’s best interests, following the welfare checklist under the Children Act 1989.
In most countries, including the U.S., Canada, Australia, and many European nations, children’s views are considered in custody cases, particularly as they get older. However, it is rare for children to speak directly in court. Typically, their preferences are communicated through trained professionals who are tasked with representing the child’s best interests.
I’m sure you know, if you are reading this, there are significant concerns about how family courts handle cases of parental alienation. In some cases, courts recognise the trauma bond and attachment disorder associated with parental alienation, but may still choose to allow the child to remain with the alienating parent, believing that child’s expressed (though coerced) wishes, and keeping the status quo, is more important for the child’s well-being. Unfortunately, this decision often leaves a loving parent without a meaningful relationship with their child. Courts sometimes hope the alienating parent will eventually co-parent in good faith, but this rarely happens and is seldom enforced in the same way as financial obligations. Moreover, even when false allegations from the alienating parent are proven untrue, they often carry no consequences despite causing significant delays and worsening the situation for all involved.
This systemic injustice must be addressed. Parental alienation is a form of abuse that leaves loving parents without a relationship with their children and inflicts lasting harm. As more people become aware of its devastating impact, recognition of parental alienation is growing, despite pushback from those who feel angry and concerned about the increasing awareness. Just as other forms of abuse have been recognised and challenged, change is coming. Awareness is rising, and more resources are available to help those affected. The fight for justice continues, and alienated parents should know they are not alone. I’m here to help too with spreading awareness and the coaching I offer.
#charliemccready
#parentalalienationcoach
#FamilyCourtReform
#parentalalienation
#coercivecontrol
GreatCosmicMothersUnite 