Rapid review of the characteristics and outcomes of children involved in private family law proceedings due to parental separation

Background and Context

Private law children’s proceedings usually refers to court disputes between parents who have separated, disagree about child arrangements and ask the court to decide who a child should spend time and live with. Children involved in private law proceedings can be very vulnerable and are often overlooked in policy. Therefore, it is important to shine light on their experiences, characteristics and support needs. 

Aims

This review aimed to investigate the wellbeing, characteristics and outcomes of children in private law cases.

Methods

Twenty-two studies (reported across 25 different documents) from a range of countries with similar court systems were used in this review. They identified characteristics and outcomes of children involved in private law proceedings. Written accounts of experiences of such children were also included. 

Results

Almost all studies addressed mental health and wellbeing of children involved in private law proceedings. They revealed children’s experiences of anxiety, depression, anger, eating disorders, signs of post-traumatic stress disorder, self-harm and in some cases, attempted suicide. It is unclear whether these experiences were due to parental separation, court proceedings, court orders or other factors. 

Some studies identified additional factors that were potentially impacted, including: challenging behaviour, child development, friendships and family relationships, schoolwork and harms to physical health and safety. Some accounts also spoke about differing experiences of support from mental health services.

Policy and Practice Implications

This review shows that children in private law cases are at risk of experiencing a significant amount of distress. The findings of this review also suggest that a public health response is needed to identify vulnerable children and provide timely support. 

Further research is needed to understand the specific support needs of children in private law proceedings compared to children whose parents separated but did not use courts, as well as investigate the short- and long-term outcomes of children in private law, to inform how their support needs may change over time. 

Author: Olivia Gallen, Evidence Centre Public Partnership Group (PPG) Member

For more information and to view the full report, click here.