By Jess King, Specialist Children Panel Solicitor

In most private law family court proceedings—where parents or carers are asking the court to help decide arrangements for a child—the child is not directly involved. However, in a small but significant number of cases, the court may decide that the child’s voice needs to be heard in a more direct and independent way.

As a Children Panel Solicitor, I represent children when they are made parties to family court proceedings. This is a serious step and one the court does not take lightly.

What Does It Mean for a Child to Be Made a Party?

When a child becomes a party to the proceedings, they are given their own legal representation. This means they have a solicitor appointed specifically to act on their behalf, and they are supported by a Children’s Guardian—a specialist from Cafcass appointed by the court under Rule 16.4 of the Family Procedure Rules 2010.

The solicitor and guardian work together to ensure that the child’s voice is heard and that their welfare is at the centre of the court’s decision-making.

When Does the Court Make This Decision?

Making a child a party happens only when there are significant complexities, risks, or unresolved concerns. The court will always consider less intrusive alternatives first—such as receiving a report under Section 7 of the Children Act from Cafcass or the local authority—before deciding on the appointment of a guardian and solicitor for the child.

Some of the situations where the court may consider this step include:

• The child’s position is different from either parent and cannot be fairly represented by either of them.
• The child’s wishes and feelings are too complex or significant to be presented by an adult party.
• There are serious concerns about the child’s welfare, such as emotional or physical harm.
• There are highly complex legal or medical issues, such as mental health assessments or international disputes.
• The conflict between the adults is so severe that the child’s best interests may be overshadowed or compromised.

What Is the Role of the Children’s Guardian?

The Children’s Guardian is not a social worker in the traditional sense. Their role is not to provide ongoing support or services. Instead, they focus entirely on the court proceedings.
They:

• Appoint a solicitor to represent the child,
• Independently investigate the circumstances of the case,
• Advise the court on what is in the child’s best interests,
• Ensure that delay is avoided, as unnecessary delays can be harmful to children.

The guardian meets with the child (if appropriate), the parents, and relevant professionals.
Based on this, they provide an independent view to the court.

What Does the Solicitor Do?

As the solicitor for the child, my role is to:

• Work alongside the guardian,
• Present the child’s case to the court,
• Make legal submissions if necessary,
• Ensure that the child’s rights and welfare remain front and centre throughout the case.

In some situations—especially with older children—it may be appropriate for the solicitor to represent the child’s expressed wishes, even where this differs from what the guardian believes is in their best interests. These cases are handled with great sensitivity, and the court will ultimately weigh both perspectives carefully.

Why This Step Matters

Being made a party to proceedings is a significant safeguard for a child when their circumstances are complex or when adult conflict is particularly intense. It ensures their experiences, wishes, and welfare are not lost in the noise of parental disputes.

The court must always ask: “Will appointing a guardian and solicitor help the court understand the child’s needs better?” If the answer is yes, the court is more likely to make that appointment under Rule 16.4.

Final Thoughts

Appointing a Children’s Guardian and a solicitor for a child is not a routine decision. But when it is necessary, it plays a crucial role in protecting children from harm, representing their unique voice, and guiding the court to make decisions that truly reflect their best interests.

As a solicitor on the Law Society’s Children Panel, I see first-hand the value and importance of this process. It’s a role I take on with the utmost responsibility—to ensure that the child’s voice is heard and their welfare is at the heart of every decision.