Under the Welfare Checklist any Court, making a decision about a child, must
ensure that the child's own wishes are taken into account. In child care cases,
this is done through an independent solicitor and a Children's Guardian, but in
disputes between parents, the only source of information will be the CAFCASS
Officer preparing a report.
The Court has power and will often use it, or direct CAFCASS to provide a
report on the 'wishes and feelings' of a child and their level of understanding
of the issues. That can of course put a heavy burden on your children's
shoulders and who can blame a child for saying different things to different
adults and not understanding the huge implications of what they say?
The Court has in extreme cases, also the power to direct CAFCASS to provide
an Independent Guardian and Solicitor to represent the child's interests
independently and to promote those interests by pursuing an independent role.
In contact disputes for example, each parent may claim to speak for the
child, saying that he or she does or does not want to see the absent parent.
Research shows that most children, if asked about such a subject, say they just
want their parents to stop arguing and be nice to one another. This is difficult
territory for all concerned, but most of all for the child. At the end of the
day, a judge will decide what appears to be in that child's best interests, free
from concern about what may appear fair to the adults concerned.