2004 Green Paper
Ministerial Foreword
Parental separation affects many children and their families. Some three million of the twelve million children in this country have experienced the separation of their parents. Each year between 150,000 and 200,000 parental couples separate. Where the process of separation is handled well, the adverse impact on children is minimised. Where separation goes badly and, in particular, where children are drawn into parental conflict, then the effects can be profoundly damaging for children. Evidence shows that children in this situation are likely to do less well in life. They are more likely to do less well at school, to truant or to run away from home. But these risks can be reduced if parents can resolve parenting issues in an amicable fashion.
Society has changed. Relationship breakdown is much more common than it was 30 years ago, with both married couples divorcing and unmarried couples also separating. As a consequence, many more children now experience the separation of their parents. This is, of course, painful for both parents and children, and can be permanently damaging, though any adverse effects can be significantly reduced if arrangements for the separation are handled well. In addition, fathers are generally more actively involved in caring for and helping to raise their children than previously. Parents who are splitting up have many reasons to be upset and angry, such as the ending of the relationship itself, and disputes over the home, property and money. These disputes often affect the difficult process of deciding how to care for the children of the relationship.
Currently, only 10 percent of separating couples with children have had their contact arrangements ordered by the courts. However, an increasing number of disputes between parents are going to court. Last year, the courts in England and Wales made 67,000 contact orders. The non-resident parent initiates most contact cases. Most children continue to live with their mothers after separation of their parents. Hence most court applications for contact are initiated by fathers, 60 percent according to recent court file analysis conducted on behalf of the Department for Constitutional Affairs (DCA).
The current way in which the courts intervene in disputed contact cases does not work well. This is the opinion of both Government and members of the senior judiciary. Some fathers' groups have come to believe that the courts and the law are biased against them. We do not accept this view. However, both the Government and the judiciary consider that major changes are needed so that where it is necessary for the state and the courts to intervene, they are much more effective in helping to secure effective resolutions which are in the interests of the child. We believe that in most cases it is very much in the interests of the child to have an on-going relationship with both parents and so we hope that through improving the system, more non-resident parents will enjoy meaningful ongoing relationships with their children.
After separation, both parents should have responsibility for, and a meaningful relationship with, their children, so long as it is safe. This is the view of most people in our society. And it is the current legal position. We have considered whether new legislation would be helpful to clarify the current legal position but we have decided not to pursue this course since it would have no practical effect. The Government believes that the position under current law - that both parents are equal and both should continue to have a meaningful relationship with their children after adult separation, so long as it is safe - is the right position. We believe that we need to make changes to the current system, and to support parents in settling their disputes, by providing more effective help for them to do so. We consider that no change is needed to the core principles set out in the Children Act 1989.
The law has as its central focus the needs of the child and this has to be the state's prime interest. It is in the interests of the child to have a meaningful ongoing relationship with both parents and so the system needs to be much better at securing this outcome. This aim is central to this consultation document. If achieved, more parents will experience an ongoing relationship with their child.
This consultation document therefore puts forward proposals, which are intended to help those undergoing parental separation better to resolve disputes so that children's needs are better met. These are based on the recognition that the primary responsibility for caring for children rests with parents rather than with the state. The proposals focus strongly on what children need and how parents can be assisted better to meet those needs during and after relationship breakdown. They are aimed at:-
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minimising conflict and supporting good outcomes both for children and their parents, preferably without recourse to the courts;
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improving parental access to those services which will enable them to reach agreements; and
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improving legal processes and service delivery for those who do go to court.
Most of our proposals are focused on the 10 percent of parents who, for whatever reason, turn to the courts.
Nevertheless, these proposals are designed to be of relevance to all parents who separate, and are intended to help all parents to reach the best possible arrangements and outcomes for their children.
In developing these proposals, we have listened to what parents and children have said. The DCA Consumer Strategy work involved drawing together evidence from research, and conducting workshops and focus groups with parents. The key message from the parents was that they wanted help and support to navigate the emotional and practical issues they faced during the breakdown of their relationship. These proposals seek to respond to this.
We have also consulted widely with the key stakeholders, including parents' groups, academics and voluntary organisations, and those involved in providing current services, such as the judiciary, legal professionals and the Children and Family Court Advisory and Support Service (CAFCASS). These consultations were led at Ministerial level and involved written evidence and a wide range of meetings. The senior judiciary and CAFCASS have been closely involved in the development of these proposals and fully support them.
We welcome comments and discussion on our proposals. We will then move rapidly to implement them.
Charles Clarke, Lord Falconer, Patricia Hewitt
Published:
21/07/2004
ISBN : 0-101-162732-7
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