A letter from the Children’s Commissioner for England to separating parents

Family lawyers in England are being encouraged to send a letter from Dame Rachel de Souza (Children’s Commissioner for England) to all clients with children.

It is not yet clear if a similar letter will follow for family lawyers in Scotland.

The letter advocates a child-focused approach by parents following their separation. It has been included in recommendations by the Family Solutions Group, and copies are provided in their report “Putting Children First”.

In the letter, Dame Rachel de Souza encourages parents to work to maintain a co-parenting relationship, and to ensure that children do not become embroiled in parental conflict. She urges parents to avoid court proceedings if possible, and to look towards other methods of dispute resolution including:

1. Mediation (including child inclusive mediation)

Mediation involves discussions between a separating couple with a mediator present. It can be used to resolve financial or child-related matters. Mediators are trained to facilitate discussions in a neutral way, to help separating couples reach solutions.

In a child-inclusive mediation, the child / children will meet with the mediator separately to give their views, which can then be used to facilitate discussions between the parents (provided the child/ children are happy for their views to be shared).

The Children (Scotland) Act 2020 introduces a pilot scheme which will make it compulsory in most cases for parties to attend an alternative dispute resolution meeting before the court can make an order relating to parental responsibilities. It is understood that the pilot has not yet run at the time of writing. A similar arrangement is already in place in England.

2. Coaching, separated parenting programmes, and other supportive services

Divorce coaches are used increasingly by individuals going through separation and divorce as a source of support and guidance. Divorce coaches can provide useful insight and advice, as well as helping with the emotional toll of the separation and divorce process. Many divorce coaches have worked as family lawyers, and they can provide guidance on alternatives to court which might be suitable for a particular case.

The letter can be accessed here: CC A4 HEADER

The Family Solutions Group report can be accessed here: FSG-Report-Putting-Children-First-the-evolving-role-of-the-family-law-professional-12.3.26-FINAL.pdf