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Opinion: Debate - Should judges guide children through the familycourts?

1 min read
Family law minister Harriet Harman last week said magistrates and judges should be trained to deal with children so they can gather the views of children involved in family law disputes and advise them on the meaning of cases.

YES - Anthony Douglas, chief executive, Cafcass

Judges are in charge of family courts and make the decisions, so it isgood to think of them as "guides". An experienced guide helps younavigate tricky terrain and translates a language you don't understandinto one that you can. Judges also make the decisions, so they need tounderstand the wishes and feelings of each child. But children's livesare complicated and judges are helped by a team that includes familymembers, social workers, solicitors and others. And the child is themost important team member of all.

YES - Margaret Wilson, chairman, Magistrates' Association's familyproceedings committee

The voice of the child must be heard in family proceedings. Childrenshould be able to talk to the judge or magistrate if they wish, butconfidentiality cannot be promised and what they say is not evidence. Itis imperative for them to understand that they may not get what theywant and the final decision should be carefully explained. Informationand conversation must be geared to the child's age and they shouldalways have access to a lawyer or Cafcass officer.

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