Child Contact

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Introduction

The Children Act is founded on principles that:

  • In all decisions relating to the upbringing of children, the welfare of the child is paramount
  • Judicial intervention should only happen where absolutely necessary (i.e. the no order principle, section 1(5))

'Every Family Matters' (2009) proposed 2 reforms to protect children when their parents break up:

  • End the family breakdown culture
  • Laws and process should be implemented to look after the child's best interest and minimise the impact on them

The government thinks it is important for every child to continue having a meaningful relationship with both of their parents (section 11 Children and Families Act 2014)

Children and Families Act 2014: section 1 amendment

This says that the presumption must be, unless the contrary is shown, that both parents' involvement will improve the child’s welfare

Impact of Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012

This removed public funding for most family law proceedings (with a few exceptions e.g. domestic violence)

Increased the number of Litigants in Person (individuals who have to go to court without legal representation)

Increased number who sought mediation - people felt coerced to seek alternate disupute resolution

Starting Point for Child Disputes

The starting point is the welfare principle (section 1 Children Act): the welfare of the child is the court’s paramount consideration

Court Resolution: section 8 orders

Residence and Contact Orders are now gone. They have been replaced by Child Arrangement Orders (section 12 Children and Families Act 2014)

Specific Issue Order e.g. when the parents can't decided what school to send the child to, the court can make a specific issue order to decide for them

Prohibited Steps Order e.g. injunctive order prohibiting child from doing something

Shared Residence Order (section 11(4) Children Act)

This is now repealed and covered by Child Arrangement Orders (i.e. one of the section 8 orders in the Children and Families Act 2014)

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