What is the new guidance?
On 26 February 2025, Sir Andrew McFarlene, the President of the Family Division, introduced new guidance for Family Court Judges on writing to children in proceedings.
“Writing to children – a toolkit for Judges” was published on 26 February and can be accessed through – https://www.judiciary.uk/wp-content/uploads/2025/02/Writing-to-Children–A-Judges-Toolkit-V1.7-1.pdf
In preparing this toolkit, young people who have experienced Court proceedings were consulted about their experience and views to help form the guidance framework . The toolkit provides: –
- Evidence in relation to the children’s experiences in Court
- Guidance on language, tone and format
- Examples of judicial letters to children
- A framework for the Judge to structure a letter effectively
The aim to remove barriers that may have previously discouraged Judge’s from writing to children.
Why would a Judge write to my child?
The outcome of proceedings directly impacts on the children involved whether it is care proceedings brought by the local authority because parents are unable to look after their children or private law cases brought be a parent against another parent because they cannot agree arrangements for their children. It is important for children to understand why Judges have reached decisions about their future especially children who are older and have a better understanding of what is happening to them. Having a Judge explain their decision in a letter to the child should assist in the child’s understanding and acceptance of the decision made, even if it does not reflect what they have expressed as their preferred outcome. The aim is to support the child come to terms with the decision. A letter is also an opportunity to explain to a child that the decision was made by someone other than their parents, which, it is hoped, will avoid a child feeling that one or both parents are to ‘blame’ for the decision made.
The aim is to make judicial letters to children standard practice, and in doing so, the justice system aims to demonstrate a greater level of care and respect towards children who are expected to adjust to a changed living experience flowing from these decisions. It is hoped that it also creates a greater sense of judicial transparency which in turn will lead to a greater level of trust and confidence in legal processes involving children.
