The Right Honourable Simon Hughes MP, the Minister for Justice, delivered a speech at the Voice of the Child Conference on the 24 July. During his speech, Simon Hughes made reference to his own experiences as a child and his own brother’s divorce which was “difficult enough for the rest of the family, let alone for his three children”.
Children have a legal right to have their wishes heard before a decision is made about their own future.
Simon Hughes, told the conference that the current law is clear about the importance of a child or young persons wishes in any family proceedings being taken into account. However, although children and young people have a legal right to be heard before decisions are made about their own future, and where decisions are being made that will impact on them, too often that legal right is not being exercised. Simon Hughes commented that the current law is often interpreted to mean others can make a presumption about a child’s view, often for the best of intentions and acting in their interest, but nevertheless the outcome is that the child does not feel that their own distinct voice has been heard.
In his speech, Simon Hughes stated that the Government has now made a commitment that from the age of 10, children and young people involved in all family court hearings in England and Wales will have access to Judges to make their views and feelings known.
Mr Hughes explained that the age of 10 is appropriate as that is the age of criminal responsibility for young people in England and Wales. Mr Hughes stated that it seemed right for the starting point to be 10 and consistent with other existing policy and practice in our country. Of course that presumption should not mean that children younger than ten who wish to and are able to contribute cannot have a say in the future of their family.
Simon Hughes concluded “innocent youngsters growing up can be hugely troubled by the difficulties and dramas in the lives of their parents and their wider families. Children and young people will be affected by what happens to their family in the court room and you will no doubt hear many powerful stories – moving and articulately expressed – which bring that home. It is our responsibility, indeed our duty, to make sure that the effect of the system on children and young people is not a negative one, but a supportive one and that not a single child or young adult feels that their voice went unheard.”
Mr Hughes also announced that he proposed to start immediately a dialogue with the family mediation profession about how to make sure that the voice of the child and young person becomes a central part of the process for family mediation.