How much say will my child have?

Navigating family court can be tough, especially when children are involved, and many parents wonder how much say their child will have. In the UK, the Children Act 1989 guides how children’s views are considered, with the child’s welfare being the top priority. The court looks at the child’s age, maturity, and understanding to decide how much weight to give their views, often using the Gillick competence test to assess if a child can make their own decisions.

Older children and teenagers usually have more say, but younger children can too if they show enough understanding. Sometimes, a CAFCASS officer will provide a report on the child’s wishes, and children might even have their own solicitor if they’re deemed competent.

Under Section 7 of the Children Act 1989, the court can request a welfare report from a CAFCASS officer or local authority to provide an independent assessment of the child’s wishes and feelings.

For example, a 14-year-old’s strong preference to live with one parent can be given significant weight if they show maturity and consistent reasoning. While the child’s welfare is always the main concern, there’s a growing trend to respect and consider their views more seriously.

If you have specific concerns, it’s always good to get more information from a qualified solicitor to ensure your child’s voice is heard.