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

Private law childrens proceedings typically involve court disputes between parents who have separated and disagree about child arrangements, and are asking the court to make orders that determine where a child should live and with whom they should spend time. Children involved in private law, who potentially represent a vulnerable group, commonly receive less attention in policy than those in public law cases. The aim of this review was to shine a light on the wellbeing and other important characteristics or outcomes of children who are currently, or have been, involved in family law proceedings due to parental separation, to identify the support needs of these children who are often overlooked in policy. This rapid review is intended for policymakers who are responsible for policy concerning children and families as well as for family law professionals and families in private law childrens proceedings. The literature searches were conducted between June and August 2024. The included literature was published between 2001 and 2022. 22 studies reported in 25 documents were identified (8 published in academic journals and 17 in reports produced by organisations). Originated in England and Wales (n=13), Australia (n=7), Canada (n=1), New Zealand (n=1). Most studies aimed to describe the characteristics of children who are or have been involved in private family law proceedings, whilst only one compared the outcomes of such children to those in the general population. Almost all of the studies addressed mental health and emotional wellbeing. Written accounts of children, parents, and professionals described children as having anxiety, depression, anger, post-traumatic stress disorder symptoms, and eating disorders, and experiencing self-harm and suicide attempts. In Wales, children with a history of involvement in private law proceedings had higher incidence of depression and anxiety than children in the general population. From the evidence, it was unclear whether the poor mental health was associated with parental separation, the court proceedings, court orders, or some other factors, but some participants attributed difficulties to unwanted court orders. Other key areas of evidence included engagement with mental health services, behaviour, development, social relationships, learning and education, and physical health. Cardiff Evidence Synthesis Collaborative were funded for this work by the Health and Care Research Wales Evidence Centre, itself funded by Health and Care Research Wales on behalf of Welsh Government.