http://www.dfes.gov.uk/childrensneeds/
20th
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 conciliation
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 proposes:
•
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 conciliation to all cases, before formal
court hearings.
• Giving judges the power to direct parents to in-court conciliation
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 complied
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 less 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
that 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.
Parental
Separation: Children's Needs and Parents' Responsibilities, Green Paper.
Download the document: http://www.dfes.gov.uk/childrensneeds/docs/DfesChildrensNeeds.pdf
