Dear FNF Supporter, March 2014 1. Children and Families Act gains royal assent - what is changing? 2. Cinderella law proposed to make emotional cruelty a crime 3.Child maintenance changes - how will the new system affect you? 4. Woozles and overnight contact 1. CHILDREN AND FAMILIES ACT GAINS ROYAL ASSENT - WHAT IS CHANGING? On 13th March, the Children and Families Act gained Royal Assent, meaning that the changes that had been proposed to family justice will shortly come into effect. These include the presumption of parental involvement which states that courts are to presume that, unless there is evidence to suggest otherwise, the involvement of both parents after separation is in the childs best interests. Additionally, there are measures to replace contact and residence orders with child arrangement orders to address concerns that the previous wording contributed to the perception of winners and losers in private family law cases.There is also a requirement for parents to attend a Mediation Information and Assessment Meeting to consider mediation before they can apply for certain types of court order, apart from in exempted cases. Families Need Fathers has long campaigned for a presumption of shared parenting in legislation, and the Children and Families Act represents a move in the right direction. It is the first time that the rights of children to a relationship with both parents has been recognised in primary legislation, a move which is long overdue and to be welcomed. Along with other supporters of shared parenting though, the charity retains some concerns as to whether the application of the law, which was amended a number of times throughout the progress of the Bill, will be carried out in such a way that fewer children will be faced with the prospect of losing contact with a parent where there is no valid reason for this to happen. We hope that the judiciary will consider the reasoning behind the package of reforms in the Children and Families Act to encourage greater co-operation between parents and co-parenting following separation, and ensure that the spirit of the law is implemented when making rulings in these cases. The majority of the provisions in the Children and Families Act will be implemented from 22nd April 2014. It is still too early to determine what the overall impact of these reforms will be; the charity will be monitoring developments and keeping you updated via our communications channels. If you have any concerns about how any of these changes may impact upon you, please contact your local FNF branch for ongoing guidance and support in your area. 2. CINDERELLA LAW PROPOSED TO MAKE EMOTIONAL CRUELTY A CRIME The Government is considering whether to introduce new legislation which would introduce a new criminal offence of emotional cruelty to children, covering cases of emotional neglect which can harm a childs physical, emotional, social or behavioural development. Social workers currently use guidance in civil cases that recognise emotional abuse of children, but because this is not written into law, the police are limited in gathering evidence or taking action. These proposals are at an early stage, so it is difficult to say what potential impact such legislation could have in family law. However, it is worth noting that cases of implacable hostility, more widely known as parental alienation amongst parents, often involve prolonged, deliberate patterns of behaviour intended to disrupt the relationship between a child and parent, which results in emotional harm for all involved. Any proposed legislation should consider whether such behaviours would fall into this category. The Government are reported to be considering introducing any new measures ahead of the next election, and could be featured in the next Queens Speech. For more on this story, please click here. 3. CHILD MAINTENANCE CHANGES - HOW WILL THE NEW SYSTEM AFFECT YOU? This month, the Government published some further information on the roll-out of the 2012 child maintenance scheme, which is intended to encourage parents to work together and make private arrangements for maintenance payments wherever possible. The scheme, which will introduce charges for parents who use the statutory system, will eventually be extended to all parents with existing CSA cases, so you need to be aware of what is changing and when. All new applications are being administered by the new system, and existing cases will be closed in stages over the next few years. Parents in these cases will be supported to make new, private arrangements outside of the child maintenance service, or if this is not possible, will be required to make a new application. To find out more about the new system and how it may affect you, check our updated information page on child maintenance on the FNF website. This will be kept up-to-date as more details are released about the case-closure process. You can also check with our support services if you have any concerns about your maintenance arrangements. 4. INCREASE IN PARENTS REPRESENTING THEMSELVES IN COURT A number of reports have come out this month highlighting the increase in parents representing themselves in family court proceedings (known as litigants-in-person). Cuts in legal aid have meant that many parents have little option to pursue their case, with more and more parents finding themselves priced out of the justice system if they need to pursue litigation. An article in the Observer reported that family courts are now 10 times more likely to see two parents representing themselves than two parties who both have legal representation. There are concerns that litigants-in-person are making the family courts more problematic for parents and legal professionals. It can be a daunting task, but if you are representing yourself in court, the right information and support can go a long way in helping to make sure you are able to navigate the family court process and put your case forward effectively. For more information, see our page on representing yourself on the FNF website, and our support services will be happy to help you with any questions you may have. 5. WOOZLES AND OVERNIGHT CONTACT The Fatherhood Institute published a great blog post recently on the problems of research studies which have often been used as evidence against non-resident parents with toddlers having overnight contact. These rest on the premise that young children who have overnight contact suffer harm, and that the bond between them and their primary care giver is damaged. A number of academic papers recently published have called into question the validity of the evidence on which these claims have been based. These are must-reads for practitioners working with separated families, particularly in light of the reforms from the Children and Families Bill due to be introduced shortly.
Posted on: Mon, 31 Mar 2014 17:31:10 +0000
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