World Children’s Day 2025: centering children in divorce

20th November 2025 is the UN’s World Children’s Day, where the spotlight falls on the ongoing need to listen to children, stand up for their rights, not just on one day of the year but every single day.

In the English and Welsh family court system, the primary Act of Parliament, the Children Act 1989, guides us with the declaration that “the child’s welfare shall be the court’s paramount consideration”. Later Acts build upon this foundation, making clear the child’s voice should be clearly heard in cases about the arrangements for their lives.

Importantly, these domestic protections sit alongside international commitments such as the UN Convention on the Rights of the Child (UNCRC), which sets out every child’s fundamental rights, including the right to be heard in all matters affecting them.

All too often, however, the child’s (and young person’s) views get lost in the emotional turmoil of the adults with care of them, separating or being unable to provide the level of care they need.

So how can this be addressed in our legal world?

• The court listens to the voice of the child when making it’s decisions.
• Cafcass and Cafcass Cymru speak to the children and young people about their lives and views and feed this back to the Courts and parents/carers.
• Child-inclusive mediation allows the child to take part in the discussions about their current and future arrangements so both of their parents can hear from them in a safe and managed way.
• Members of Resolution commit to their Code of Practice to support and encourage families to put the best interests of any children first.
• Members of the Association of Lawyers for Children have enshrined the promotion of justice for children and young people into their constitution.

But what do the children already tell us about what works for them?

The Family Justice Young People’s Board has some top tips for separating parents here:

As is so often the case, the people at the heart of the matter, so often overlooked or caught up in the middle of a dispute, have the strongest views and best ideas about what would work for them.

So, on World Children’s Day, to all families, especially those in the sad process of break-ups between the adults, just remember whose needs, rights and views matter too.

For advice about arrangements for children and their families, whether in the court process or one of the many non-court options, including Child-inclusive mediation, please contact any one of our family team members at Geldards.