On 28 February 2025, the President of the Family Division, Sir Andrew McFarlane, published a document designed to aid Judges in the Family Court when writing to children during the course of proceedings.
The guidance, a portfolio of suggestions and examples, was formulated in response to a growing trend of Judges becoming hesitant to contact children of proceedings through fear of being misinterpreted. Our Paralegal, Milly Simmons, highlights some of the key guidance in the document.
Why its important for a Judge to write to the Child
The document makes clear the importance and value of Judges writing to children, noting that “a child is entitled to be given an accurate and informative account of what was decided”.
An increase in distress, uncertainty, and confusion is cited in the report as a direct result of children not being kept informed during proceedings.
According to the guidance, direct communication between the Judge and the child often means that children feel that their voices are being heard, which contributes to their understanding of the outcome of the case, and thereby increases the likelihood of the child accepting the Judge’s final decision.
To clarify, although the guidance highlights the positive implications of Judges writing to children during proceedings, the toolkit in no way compels Judges to write to the child in every case, it simply provides structured guidance should they choose to do so.
Points for Judges to Consider in their Letters
The guidance supplies a bank of example letters and sets out pointers to prompt judicial attention during the letter writing process, including:
- Introduce yourself
- Explain the purpose of the letter
- Explain your role as the ultimate decision maker
- Explain how you came to the decision
- Let the child know you care
- Reinforce that their future happiness matters
- Write to the child in their language
Whilst the toolkit sets out a suggested structure, it also makes clear that each child is an individual and the requirements of each letter will vary to tailor to that individual. The document also reminds Judges that communication with the child may also take place via an in-person meeting as opposed to a written letter.
What the Toolkit Means for the Future
The toolkit is a welcome introduction to proceedings, not only in assisting Judges to produce a consistent standard of communication to children within proceedings, but also in aiding to dispel judicial hesitancy in writing to the child in the first place.
Indeed, the toolkit sharpens the focus on the ever pressing needs of children at the centre of proceedings, and also serves as an important reminder to all practitioners of the importance of the child’s right to be informed of the decisions which affect them.
At The Family Law Company, our specialist family lawyers have a wealth of experience in handling children law matters. If you have questions or want to discuss a specific situation, don’t hesitate to get in touch.
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