Children’s Rights in Family Law
In England and Wales, children do not have formal, enforceable rights under domestic law. While the UK is a signatory to the UN Convention on the Rights of the Child, this does not carry the force of law within the jurisdiction.
However, children’s rights are indirectly recognised through the concept of Parental Responsibility, which places duties and obligations on parents and the state to act in the child’s best interests.
Gillick Competence and Medical Decisions
A child under 16 may be deemed Gillick competent if they have sufficient understanding and maturity to consent to medical treatment without parental permission or knowledge. However, even in such cases, courts are likely to intervene if a child’s decision poses a serious threat to their life or welfare.
Child Arrangements Orders
If you need assistance applying for a Child Arrangements Order, we can help. For more information, check out our detailed guide designed to simplify the process for you.
Free guide to complete the C100 Form.
Conclusion
While children’s rights are not formally codified in English law, their welfare remains central to family law decisions. Parents, carers, and the state must fulfil their obligations to ensure a child’s needs are prioritised and protected.