The voice of the child in private family law – the importance of information and feedback

CHECK AGAINST DELIVERY

Dear Minister O'Callaghan, dear colleagues,

Thank you for the opportunity to participate today, and to speak about a topic which the Fundamental Rights Agency has worked on extensively for many years, and which goes to the heart of the rights of the child.

As underlined in the Presidency's background paper - children have a legal right to be heard in all matters affecting them. UN CRC Article 12 and EU Charter Article 24 require that children can voice their views freely in all matters affecting them, and that children's best interests are a primary consideration.

At EU and national level, progress has been made towards more child-friendly justice, especially in criminal law proceedings, but practice in family law remains fragmented and limited. Key safeguards on a child's right to be informed, to be heard and to be protected are not yet standard practices across Member States.

Since 2012, FRA has carried out various research on child-friendly justice, drawing on extensive interviews with over 600 children and 1000 professionals with respect to children's experiences as victims, witnesses, suspects and offenders in the criminal justice systems of the EU. FRA's research findings in the area of criminal law resonate clearly with what needs to be done in the area of family law and children. One of the recurrent findings of FRA's research is not only the particular vulnerabilities of children in the justice system in general, but the particular experiences, needs and rights of children with respect to their different ages, their gender, and other characteristics such as disability or minority background.

FRA's extensive research has a number of conclusions, many of which align with the Lundy Model. These include:

• Framing the provision of child-friendly information as a duty and establishing a process for its provision.
• Providing feedback, which explains the court's decision in a way that the child understands, specifically with respect to how their views were considered.
• Embracing child-friendly hearings through the use of trained professionals, thorough preparation to avoid delays and undue procedural hurdles, and the inclusion of the child's views regarding safeguards.
• Ensuring coordination and continuous support through a single contact person with whom the child can develop a trustful relationship.
• Practicing non-discrimination throughout the process, from ensuring access to legal advice and representation, to interpretation and disability accommodations. Particular attention should be paid to children in especially vulnerable situations.

These are just some of the conclusions derived from our work, including our most recent work on child protection systems in the EU. FRA stands ready to support Member States with our evidence and expertise as they seek to enhance child-friendly justice nationally.

The child's voice is not optional; it is a legal requirement and a hallmark of sound decision-making. By ensuring that information and feedback is child-friendly, and by coordinating our systems, we can deliver better, safer outcomes for children in family law.

Thank you.