Parental separation: Children's needs and parents'
responsibilities
21 July 2004
Major new proposals to create a better family justice system for
separating parents and their children were unveiled
today.
'Parental Separation: Children’s Needs
and Parents’ Responsibilities' outlines how the Government will
better support families who are going through separation.
It details a range of measures,
including better information for parents, Parenting Plans to help
parents make good arrangements, in-court concilliation and
mediation for those parents who do go to court, active judicial
management and stronger powers for judges to enforce court
orders.
Constitutional Affairs Secretary, Lord
Falconer said:
“We have taken a thoughtful, radical
look at the current system. This is a strong package of proposals
which will make a significant difference. We intend to implement
the necessary changes as soon as possible. The law states that
the child's interests are paramount. That will not change. The
Government strongly believes that children need both parents -
these proposals will make it more likely that children will
continue to have two parents."
The consultation paper propose:
- Better information and advice for separating parents.
- Developing and promoting Parenting Plans to guide parents.
- Targeting legal aid to promote earlier, more consensual
resolution and less litigation.
- Better processes to investigate harm issues.
- Extending in-court concilliation to all cases, before formal
court hearings.
- Giving judges the power to direct parents to in-court
concilliation and mediation.
- Piloting 'Collaborative Law'.
- Piloting more intensive intervention - the Family Resolution
Pilot Project for more difficult cases.
- A new role for the Children and Family Court Advisory and
Support Service (Cafcass) towards active problem-solving.
- Supporting strong judicial management of cases with faster
hearings.
- Active monitoring of court orders to ensure they are compiled
with.
- Legislation to give the judiciary stronger enforcement
powers.
Lord Falconer said:
"Parents will be helped and encouraged to come to their own
arrangements. But when they cannot, the courts will play a role.
These family cases will be resolved in a swift and effective
manner, while the courts will be more aware of domestic violence
allegations.
"Already 90 per cent of separating couples come to their own
arrangements for their children. But we want to help more parents
to do so. That way, the process is adversarial, faster and parents
are more likely to stick to an agreement they have come to
themselves than one imposed by a judge.
"But when courts do make orders we will give judges the tools
they need to ensure they are respected.
There cannot and will not be an automatic presumption of
50/50 contact. Children cannot be divided like the furniture or the
CD collection. It's more complex than that."
Charles Clarke, Secretary of State at
the Department for Education and Skills, said:
"The Green Paper paves the way for
improved services for families undergoing separation and providing
the necessary support to help them and their children through a
very difficult time. That is why our focus is on what children need
and how the Government can help parents in meeting that need.
"We know that mediation and
conciliation can often make a real difference to resolving contact
issues and preventing couples from going to court in the first
place, which is far better for both the parents and the child.
"That is why Cafcass will play a major
role in delivering these services, concentrating their
resources on contact for children, both during the time of court
applications and beyond, including the prompt return of cases to
the courts when a ruling has not been followed.”
Patricia Hewitt, Secretary of State at
the Department for Trade and Industry, said:
"We have led the way in making it
easier for parents to get a better balance between work and family
life, so I warmly welcome this Green Paper as another step forward
in ensuring both fathers, and mothers, can play a vital role in
their children's lives, even after separation.
"With fathers already doing a third of
all childcare in the family it is vital they have the opportunity
to continue that role if they separate or divorce. Children do best
when they have the love and practical support of both their
parents, whether or not their parents are living together."
Dame Elizabeth Butler-Sloss DBE,
President of the Family Division, has written today to all family
judges to improve the resolution of private law family cases in the
courts. The President, the Court Service and Cafcass are working to
implement key changes in court systems and processes as soon as
practicable.