As family law solicitors we are often asked by clients whether a child will have their views taken in to consideration when there is an ongoing court action about contact, for example. Sometimes clients want their child to have their views taken and sometimes clients prefer that their child is not brought in to the court process. However, a child has a right to have their views taken and consideration given to those views. Therefore, what might this mean for your child?
The presumption is that a child over the age of 12 is sufficiently mature to be able to express a view, but this hasn’t meant that children under the age of 12 have been excluded from having their views heard.
Children, regardless of their age, have a right to have their views taken. They must be given the opportunity to express their views and regard has to be given to those views. Their views are sometimes taken in a form called the F9. This is a child-friendly form which is in the form of a letter to the child which asks them how they feel about spending time with a parent, for example. Sometimes a child welfare reporter is appointed to take the views of a child if there is a dispute in relation to contact and/or residence, for example. Occasionally, a sheriff will speak to a child to take their views, though, this is generally less common.
If you are seeking contact with your child or you are defending a contact action raised against you, for example, your child has a right to have their views taken and for consideration to be given to those views, with the weight given to those views dependent on the age of the child.
As always, getting good advice is essential. The Drummond Miller family law team is extremely experienced in dealing with all aspects of family law including separation, divorce, and child-related matters. If you would like any further information or advice, please get in touch with our experienced solicitors in Edinburgh, Dalkeith, Musselburgh or Bathgate.
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