When Are the Wishes of a Child Relevant in a Divorce Case?

In this episode of A Moment With..., Simon Fenton sits down with Chris Sutton, Head of Family Law at Fenton Elliott, to answer a question many separating parents ask: how much say do children actually have in decisions about where they live and who they spend time with?

Chris talks through the welfare checklist set out in the Children Act, why a child's wishes only become relevant once they can properly be ascertained, and why there's no fixed age at which this happens. Chris also explains what happens when parents give conflicting accounts of what their children want, the role of CAFCAS officers in gathering an independent view, and why children very rarely give evidence in court directly.

It's a practical, honest look at how the law balances a child's voice with their overall welfare.