Can a child give evidence in family proceedings?

Introduction: children and the court process

Children can give evidence in family proceedings but the court treats this carefully. The focus remains the child’s welfare and protection from harm. Judges, CAFCASS officers and professionals balance the child’s voice with their need for safety and stability.

When a child may give evidence

A child may give evidence when their views directly affect decisions about where they live contact arrangements schooling or medical treatment. Older children often express clear preferences that the court must consider. For very young children the court relies on professionals to represent the child’s perspective rather than direct testimony.

How the court hears a child’s views

CAFCASS officers interview children in a child friendly way and prepare welfare reports for the court. The officer records the child’s wishes and provides professional analysis. Where appropriate the court accepts written statements, private interviews, or video recorded interviews rather than in‑court testimony to reduce stress.

Direct evidence in court: when it happens

Direct in‑court evidence from a child is rare and used only when necessary. Judges prefer to hear from a child through CAFCASS or an intermediary. If a child must give evidence, the court uses special measures such as screens, video links or a trained intermediary to minimise distress and avoid intimidating settings.

Role of intermediaries and special measures

Intermediaries help children communicate with the court. They assess how a child best understands questions and advise on wording and pacing. The court can use measures such as pre recorded evidence, limited cross‑examination, and private hearings to protect the child’s wellbeing and obtain reliable evidence.

Assessing the weight of a child’s evidence

The court gives weight to a child’s views according to their age maturity and understanding. A judge asks whether the child appreciates the issues and consequences of their choices. Professionals’ reports and corroborating evidence influence how much the court relies on the child’s testimony when making final decisions.

Safeguards and the welfare checklist

The Children Act 1989 welfare checklist guides decisions about hearing a child. The court always asks whether giving evidence would harm the child and whether less invasive options exist. Judges prioritise safety and the child’s best interests over the desire to hear a particular view directly.

Confidentiality and public access

The court protects sensitive evidence involving children. Hearings or parts of hearings may take place in private and the court may restrict reporting to protect identities. Judges balance transparency with the child’s right to privacy.

Preparation and support for children

Professionals prepare children for any involvement in proceedings. CAFCASS and intermediaries explain the process in age appropriate language and offer emotional support. Parents and lawyers should avoid putting children in the middle of disputes and should not coach or pressure them to take sides.

When a child’s evidence affects outcomes

A child’s evidence can influence decisions about living arrangements contact supervision and safeguarding plans. However the court will not automatically follow a child’s preference if it conflicts with safety, stability or long term welfare.

Practical advice for parents and professionals

Encourage the child to speak to CAFCASS rather than to give evidence in court. Keep communications child focused and free from conflict. Seek professional help early if a child shows signs of distress and consider using an intermediary where communication may be difficult.

Summary

– Children can give evidence but the court protects their welfare first

– CAFCASS reports often convey a child’s views instead of direct testimony

– Direct evidence in court is rare and uses special measures and intermediaries

– Judges weigh a child’s wishes by age maturity and understanding

– Prepare children with professional support and avoid involving them in parental conflict

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.