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Advice from children for solicitors

Type of training solicitors need before working with children and young people

"They should learn to be sensitive, warm and welcoming and remember how old the child is and how tough it can be at that age"

Male, 16

"Be able to talk to the child, say the right stuff not in a kiddies' way but not in an adults' way so you know what they're saying"

Female

"Like training so that they know how the child's mind works and they have to put their feet in the shoes of the children so now they can understand what the child's feeling and why it's like that"

Male, 15

"Say if the kids got angry, what kind of questions they ask so that they won't retaliate and they won't feel threatened"

Male, 14

"It should be the same as you expect from a social worker, how to communicate, eye contact, body language and having empathy as well for them. I think a lot of that helps. How to ask questions as well"

Female, 19

Most important thing to tell solicitors about children and young people and divorce

"That they don't take it too well - they are sensitive"

Female

"Dunno. Be sort of calm and don't rush people when they're under stress. Play the computer and keep them relaxed"

Male

"Probably that it's hard for everyone not just the parents. It affects everyone and it can change how people react to things"

Female, 19

"They need to know that it has happened to other families so you know you aren't alone. Communication is very important. They should make their office more like home have big pictures and stuff and no desk, could have sofas instead of a desk"

Female, 16

How solicitors could collect the views of children and young people on divorce

"By talking and asking in a fun way"

Male, 10

"They could do a quiz for children to fill in to find out more information on it"

Female, 14

"Taking notes and observing"

Female, 13

Where children and young people would like to talk to a solicitor

"A jiggly environment - lively and colourful, not dark and dull and makes you feel down"

Male, 16

"Not talking across the desk 'cos that's formal and quite scary"

Female

"Something like no man's land, like neutral rather than like an office, maybe a youth centre"

Male, 16

How children and young people feel happiest to talk to a solicitor about divorce

"Without parents because they might want to say things to a person that they don't want their parents to hear"

Male, 16

"Not having a miserable lawyer so you could joke about a bit really"

Female

"Let them take their time or let them play computer games"

Male, 15

"They could say, I'm not gonna make you do anything you don't want to and if you don't want to say a question just say you want to move on."

Female, 11

"Maybe going with a family member or friend"

Male, 16

What children feel about going to court and the decisions made

104 children filled in questionnaires about their Cafcass workers for Viewpoint on behalf of Cafcass. Some key findings from this study can be seen below:

Among the 12+ group only two young people actually went to court and both were glad they had done so.

Young people 12 and above were undecided about whether or not young people should have a chance to look around the court. 63% nearly two thirds said they did not think so while 38% said they thought this should be allowed. When asked if they thought young people should be able to see the magistrate only 25% said they agreed with this while 75% said 'no'. Young people were evenly divided over whether they should be allowed to go to a court hearing with a clean 50% responding either way.

In the younger age group, 8 people said they wanted to go to court and they did go, 26 people (33%) said they wanted to go but were not asked, while 29 people (37% said they did not want to go. A further 15 (19%) were not sure. This suggests that there is a third of younger children who would like the option to be offered. Of those 8 who did go to court, 6 are definitely glad they went and one said 'mostly glad'. Only one said they were 'not really 'glad they had gone to court.

42% of the under 12's think young people should have a chance to look round court, 35% think they should have a chance to go to a court hearing and 37% think young people should have a chance to see the judge or magistrate. This suggests that younger children are more approving of the idea of showing young people around in advance. On the other hand there is one third who think young people should have none of these.

Understanding the decision made in court

Chart

The U12 age group is less likely to say they understand what had been agreed in court and this is obviously a challenge. Delivering complex and upsetting information verbally to young children may require developing special materials. There was little or no difference between the genders.

Being told the decision

63% of 12+ respondents were told the court decision by their CAFCASS worker. 79% were told what the court had decided by a parent. 25% were told by a social worker. One person was told by a sibling and one said their family had told them. Three people were told by 'someone else'. One young person answered that nobody had told them about the court decision.

U12 59% of this age group said they were told the court's decision by their CAFCASS worker, 56% were told be a parent or carer, 13% were told by a social worker; 3 were told by a sibling. 5 were told by family members, and two were told by 'someone else'. Distressingly eleven people in this age group replied that nobody told them what the court had decided.

Did the court make a good decision for you?

Although three quarters of all respondents said the court made a good decision for them, there was a considerable difference between age groups when it came to this question. Of the 12+ group, 63%, and of the U12 group 82% said the court had made a good decision for them.

There was no difference in the overall responses between males and females when the two age groups were combined.