The Importance Of An Older Child’s Feelings in Child Arrangement Orders

Contact
Table of Contents
The importance of an older child’s feelings and wishes when making a final order
When decisions are made concerning children – where they should live and the contact arrangements with a parent – their wishes should be considered. While the age and maturity of the child will be relevant, a recent ruling (M v F & Anor [2024] EWFC 219) illustrates the extent to which an older child’s wishes and feelings are likely to be taken into account when making a final order.
When a relationship breaks down, our team understands the significant impact it can have on any children concerned. A child may have strong feelings about their future living arrangements, while the parents will want the best possible outcome for their children.
At Osbornes Law, our team of experts are highly experienced in supporting parents navigate arrangements concerning their children.
An important factor
When the court considers an application for a child arrangements order (CAO), the welfare of the child is paramount to its decisions. Consideration of the child’s welfare requires several factors to be taken into account, including the child’s ascertainable wishes and feelings which are to be considered in light of their age and understanding.
However, where an older child (16+) is concerned – the court can only make a s8 order if the case is exceptional.
What happened in this case?
This was an exceptional case given the child involved was 17 by the time the judge made his decision, and had unique vulnerabilities. The child (B) suffered from cerebral palsy with the significant physical and communication problems associated with his condition.
His mother was his primary career but unfortunately, she was completely negative about the father during the legal proceedings. The court was therefore very concerned that without a child arrangements order, the mother would not actively and positively promote a relationship between B and his father.
The judge heard expert evidence from an experienced social worker, a psychologist and the children’s guardian and concluded that B had capacity to express his wishes and feelings. However, while he sometimes expressed a clear wish to see his father, B was physically unable to make his own arrangements to do so. Nor did he want to be ordered to see his father.
In the circumstances B, his parents and the court all agreed that the mother should be required to make B available for contact – in accordance with B’s wishes. The family court was willing to make an order to that effect (up to the age of 18).
A further issue was how those arrangements should be implemented. The judge decided that the court would rely on both parents to exercise their parental responsibility ‘sensibly’ in implementing its terms. This, he said, would give their son the best opportunity to develop his extended family relationships.
What does this mean?
It’s clear that a child’s welfare remains of paramount importance to decisions around contact and living arrangements, even is the child is 16 or 17 where exceptional circumstances exist.
Most cases involving an older child involve particular vulnerabilities, such as health issues or disabilities. Their needs, wishes and feelings may prove decisive in any final decision of the court.
How can we help?
At Osbornes Law, we are highly experienced in child arrangement cases, including disputes involving older children. For urgent support, please contact our family law solicitors by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Share this article
“Osbornes has incredible strength in depth across every area of family law, from public law children and child abduction proceedings, through to adoption and surrogacy, and private client work”
“Osbornes is a power house of a family firm. They are robust but realistic and client focused.”
Contact us today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Bridget Thompson handles child inclusive mediations.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Simone McGrath has an incredible knowledge of international cases. She has been involved in many leading cases and is a go-to lawyer in the field.
Maria Kitsiou heads up the domestic children offering.
Lauren Hall leads the international children team.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
The team is experienced in handling matters where there are allegations of abuse and non-accidental injury, as well as situations where children's welfare is at risk due to parents' substance misuse or mental health issues.
The lawyers at Osbornes are very well established and have a lot of experience between them, which gives them a lot of confidence and a willingness to think out of the box.
Their client care is really impressive and they have such breadth of experience
In a long standing issue with my ex and our child, Lisa and her team have always given me advice that has been first class. Lisa has a deep knowledge of how the courts work and which arguments will work and which will not and will advice exactly what to do and when.
My solicitor Jon Jonas came across as a genuine, very skilled solicitor who demonstrated great insights and experience in complex child arrangement cases. He has been able to create and implement an effective strategy to deal with extremely toxic matters.
Bridget Thompson is a public law specialist noted for her extensive children public law practice.
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
Simone McGrath – Exceptional knowledge of international children matters, particularly 1980 Hague Convention cases. Fights hard for her clients.
"Bridget Thompson combines her excellent legal knowledge with a clear, succinct and robust style of advice and advocacy. Her approach clearly inspires a high degree of client confidence in her"
"She is excellent. She's very reliable, talks about her cases passionately and is very committed to her clients."
"I consider the firm to be very experienced in child care cases and to provide a very professional and high standard of work"
Bridget Thompson is a public law specialist noted for her extensive practice in matters involving alternative families and adoption. An interviewee observes: "She's a fighter, she's clever, and she understands all aspects of a case."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Simone is absolutely on top of the game. She has great attention to detail, and has her clients' needs at heart."
"Bridget is client-focused, a pleasure to work with and incredibly supportive to her clients."
Bridget Thompson heads the family team, where client care is the top priority.
Simone McGrath is a highly knowledgeable practitioner with a focus on international child abduction matters. She has a large expertise in public and private law.
Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
This team is perhaps best known for its children work, often involving complex international dynamics.
Naomi Angell leads the market in cross-border children law matters. Sources confirm that she is "at the cutting edge of changing law and policy" when it comes to international adoption
Related InsightsVIEW ALL
- 17.12.2024
Domestic Abuse Allegations: Unsupervised Contact Controversy
Unsupervised Contact Was Premature When Domestic Abuse Alleged Unsupervised contact is not appropriate where a child is considered to be...
Read more - 16.12.2024
Vulnerable Clients: Female Psychologist Appointed
Court Allows Female Expert for Abuse Victim in Family Case Many of our family clients are highly vulnerable, and sensitivity...
Read more - 27.9.2024
Navigating Divorce, Child Arrangements, and the Jewish Festivals:...
A Jewish divorce presents unique challenges, especially regarding child arrangements and upcoming festivals. Balancing differing levels of religious observance can...
Read more - 5.8.2024
Why Did Lauryn Goodman Take Kyle Walker to...
Introduction to the case After a judge took the unusual step of making his judgement public, we’re starting to...
Read more - 11.7.2024
Unmarried With Children and Splitting Up
Unmarried with Children? What are your Financial Rights? Know Your Financial Rights Under Schedule One Children Act 1989 A claim under...
Read more - 17.6.2024
What is Early Neutral Evaluation?
Early Neutral Evaluation (ENE) is a form of Non-Court Dispute Resolution where the separated couple invites a neutral third party...
Read more - 4.6.2024
What is Parallel Parenting? Examples, rules, and why...
Parallel parenting is a practical solution for families experiencing ongoing conflict who find traditional co-parenting unworkable. In this article, we...
Read more - 3.6.2024
Co-Parenting with a Narcissist
Can you co-parent with a narcissist? Co-parenting with a narcissist ex can be daunting, but it’s possible with the...
Read more - 29.5.2024
Co-Parenting Agreements
Is co-parenting right for us? There is no single approach to parenting your children after a divorce or separation. How...
Read more - 15.5.2024
Can a Mother Stop a Father from Seeing...
Can my ex stop me from seeing my child? There is a common misconception that mothers have more rights than...
Read more - 14.12.2023
Parental alienation: A legal overview
Sometimes, a child may turn against one of their parents due to the other parent’s manipulation or influence. This...
Read more - 25.7.2023
Parental Conduct and Child Arrangements
The Role of Family Dynamics in Child Arrangement Cases In proceedings involving children, the parents should consider the impact their...
Read more - 22.3.2023
What is Parental Responsibility?
Understanding Parental Responsibility Parental responsibility is the legal term used to describe parents’ duties and responsibilities for their children. These...
Read more - 18.1.2022
6 cases that shape a private children dispute
Family disputes involving children can be particularly emotive, which is why our expert children lawyers work tirelessly to understand how...
Read more - 11.3.2021
Financial responsibilities of father on divorce
What are the financial responsibilities of a father for a child? The period drama Bridgerton, the runaway success of the...
Read more - 13.8.2019
Child Arrangements at Christmas
The Christmas period can be a hectic and stressful time for all parents, but for separated parents, it can be...
Read more - 24.5.2019
Can I take the children abroad on holiday?
Can a mother take a child out of the country without the father’s permission? The answer to this question...
Read more - 4.4.2019
Parenting Plans
Do I need a parenting plan? A parenting plan can be highly beneficial for families that share parenting responsibilities. It...
Read more - 2.1.2018
How To Tell Children About Divorce
How to tell kids about divorce The rise in divorce globally has turned the attention of academics and researchers towards...
Read more - 19.6.2012
Children disagreements during Easter holidays
The Easter holidays can be a flashpoint for disagreements. When couples separate, it can be very difficult to reach an...
Read more