Putting Children First

When families separate, the way adults handle the transition can have a profound and long‑lasting impact on their children. A new report from the Family Solutions Group (FSG) sets out a clear message: children must be placed at the heart of every separation, and parents deserve support from professionals who are trained to help reduce conflict and protect children’s wellbeing. A copy of the full report can be found here: Putting Children First – Family Solutions Group.

Below is a short overview of what the report means for separating parents, and why the Children’s Commissioner’s letter to parents should now form an important part of best practice for family law professionals.

A New Direction: Less Adversarial, More Child‑Focused

The FSG’s 2026 report confirms what many parents already know instinctively: conflict between adults deeply affects children. 94% of parents and professionals surveyed agreed that family law professionals should actively work to reduce parental conflict, and 92% believe professionals should have a responsibility to the children as well as the adult client.

The report calls for a cultural shift in family law – from a traditional adversarial approach to one that is problem‑solving, safety‑focused, and centred on children’s needs.

Hearing the Child’s Voice

A powerful theme of the report is the importance of listening to children during family separation.

Although, only 34% of professionals feel the child’s voice is routinely considered now, an overwhelming 86% believe it should be standard practice.

Children do not make the decisions – but they do want to feel heard. The FSG encourages more regular use of child‑inclusive processes, such as child‑inclusive mediation, which allows a trained practitioner to meet with children and share their views (with the child’s consent) to help parents make informed decisions.

Why You May Receive the Children’s Commissioner’s Letter

The report recommends that all separating parents should be given the letter from Dame Rachel de Souza, the Children’s Commissioner for England. The letter reminds parents:

  • Children feel conflict even when adults think they are shielding them.
  • Every conversation, decision, and negotiation between parents has a ripple effect on their child.
  • Children want to be listened to and treated as individuals whose feelings matter.
  • How parents communicate during separation shapes the child’s long‑term wellbeing.

This letter is now considered an essential part of good practice because it helps parents refocus on what their children need most: stability, cooperation, and calm communication.

Better Support for Families

To help improve outcomes for children, the FSG is calling for:

  • A Commissioner for Separated Families – A new national role to champion the needs of separating families and create a joined‑up system of support.
  • Clearer guidance on child welfare – The report highlights inconsistencies in how the law treats children’s welfare, particularly in financial cases and for children of unmarried parents, and calls for reform.
  • Stronger expectations of professionals – The majority of professionals surveyed support mandatory training in key areas such as child development, parental conflict, domestic abuse, mental health and alternatives to court.
  • Reflective supervision for professionals – Nearly 80% of professionals support regular reflective supervision to ensure the work they do supports the wellbeing of the whole family.

What This Means for You

If you are navigating a separation, the report offers reassurance and clarity:

  • Your child’s wellbeing comes first.
  • Professionals should be helping you reduce conflict, not increase it.
  • Your child’s voice matters and should be heard safely.
  • You should receive clear, compassionate guidance, including the Children’s Commissioner’s letter, signposting to parenting programmes, and support to resolve issues outside of court where safe to do so.

The overall message of the report is simple but powerful: If we put children first, we can change the experience of separation for the next generation.

Stephens Scown Family Team

The Family team at Stephens Scown support the findings of the report, and strive to keep children’s wellbeing a priority in all family law cases, whether the case be covering child arrangements, financial matters, protective injunctions or otherwise. We will be sending out the Law Commissioner’s letter to clients at the start of matters as a clear reminder that children must always be the focus, regardless of the issues at hand and whether court proceedings and a robust approach are required or not.

The team works with all clients to review the various options for resolving family law issues at the start of each matter, with a focus on Non Court Dispute Resolution (NCDR) where at all possible, including supporting clients through direct negotiation, mediation, arbitration, Private FDRs, Collaborative Law and the Resolution Together: One Couple, One Lawyer approach. Please do get in touch to discuss your options further.