Do children have a say in court when their parents separate ordivorce?
Section One of the Children Act 1989 directs the court to have regard tothe ascertainable wishes and feelings of the child concerned.
Isn't that what the Children and Family Court Advisory and SupportService (Cafcass) is for? Cafcass is there to represent the interests ofchildren in public and private family law cases: public being careproceedings and adoptions, and private being divorce and separation.Rule 9.5 of the Family Proceedings Rules 1991 provides for theappointment of a children and family reporter (a children's guardian) inprivate law cases unless the child is considered competent and thereforeable to participate without a guardian (Rule 9.2). The reporter is thereto talk to family members about future arrangements for the child. Intheir court report, they should impart the child's wishes about theirfuture but must also say what outcome would be in that child's bestinterests.
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