Senior Associate Solicitor Alice Brett discusses the recent guidance that has been published on how and when Family Judges should write to the children involved in Court Proceedings.
On 26 February 2025, Sir Andrew McFarlane, President of the Family Division, published guidance for Family Judges as to when, how and why to write to children in Family Court Proceedings, namely a “toolkit” for writing to them.
How was this guidance for Family Judges developed?
The guidance was developed with input from the Family Justice Young People’s Board, drawing on children’s experiences of court proceedings.
>In 2022, a Judge’s letter to the children involved in Ms D v Mr D 2022 EWFC 164 received a lot of publicity and was highly praised by the legal community as a fantastic example of a child-focused approach from the Judge. However, without guidance or training in place, it was said that many judges were concerned about getting the tone or language wrong in a letter.
What does the ‘Toolkit’ include?
The toolkit comprises practical guidance in the form of “Top Tips” as to the key points Judges should bear in mind when writing to children. It suggests examples of language, tone and format all of which have been developed by reviewing previous letters Judges have written to children.
“…This very readable ‘toolkit’ does a great deal to break down the factors that may have inhibited judges in the past. To get past ‘blank page’ inertia, the content of a typical letter is built up, sentence by sentence, with suggestions, explanations and examples, and the whole is rounded off with worked up examples…” – Sir Andrew MacFarlane, President of the Family Division
Tips for Judges include tailoring the letter to the children, their needs and circumstances, explaining how the Judge came to the decision, keeping the letter short, and not over-promising.
Why is direct communication from Family Judges so important?
Research from Stalford & Hollingsworth (2020) indicates that when children receive communication from a Judge, whether it’s in a letter or their judgment, it can help the children feel listened to and valued by the Judges ultimately making decisions significantly impacting their lives.
The concept of Judges writing to children was initiated to ensure that any final decisions were accurately explained to the children in a way that could easily be understood. In a written letter, the children could be informed of the rationale behind the Judge’s decision and see how their wishes and feelings had been considered. A letter also ensures that the correct account of the Judge’s decision is passed to the children.
It is worth bearing in mind that Judges letters are not the only way in which they can engage with children; they may also meet with them if felt appropriate. Overall, Sir Andrew McFarlane states that:
“…a child is entitled to be given an accurate and informative account of what was decided, and why, from the judge who made the decision. This will be important for the young person in understanding that their wishes and feelings have been taken into account by the court, and in supporting them to accept or make sense of the decision as they move forward with their life thereafter.”
This guidance is, therefore, a vital step forward in children’s rights to participate in proceedings concerning their lives and a positive action responding to their need for change.
About the Author
Alice Brett is a Senior Associate Solicitor in our Family law team at Amphlett Lissimore. Based across our Battersea and Victoria offices, Alice Brett specialises in private family disputes, including child arrangements and financial remedy cases.