FLINT logo
Families Link International
Tel:0781 886 1724
email:info@familieslink.co.uk
email:johntheb@familieslink.co.uk


home | issues | policies | family groups | courts | court reporters | research | law | contacts | donations | Useful Quotes |



Court reporters - CAFCASS - sellout - encouragement
Back to CAFCASS sellout

CAFCASSt SECt Contact Principles and Practice Guidance t Draft 1 Draft issued16,O8,O4
3. CONTACT PRINCIPLES
(1) ENCOURAGE FAMILY RESOLUTION

". . .parents should be seen and treated as having the primary responsibility for securing the children's and the family's welfare, and (that) the State should act only as a helpmate and on request and not seek to take over the parental role".
Lord Mackay of Clashfern, Lord Chancellor.3
Conciliatory approaches including mediation and dispute resolution should be encouraged and supported in private law matters and where feasible in public law. Family Group Conferencing and working in partnership with parents have particular significance in public law for local authorities to promote understanding and ensure placements within the family are considered before outside placement. Meetings during care proceedings to focus specifically on resolving contact difficulties can also be useful. These overall approaches are in accord with the 'no order' principle in Section 1 (5) of the Children Act 1989 which promotes parental responsibility.
"Our study suggests that resources should be redirected towards work that is focused on helping parents to find some resolution of relationship difficulties rather than merely
imposing a solution. CAFCASS is the agency best placed to undertake this work". 4
The Government's Response to the Children Act Sub -Committee's report: Making Contact works acknowledged the often unsatisfactory nature of adversarial proceedings in resolving contact applications and the desirability of promoting other procedures for facilitating contact. Contact is more likely to meet a child's needs when conflict between warring parents, or between the parents and the local authority is 'contained' and parties are enabled to resolve differences. Despite animosity, many parties who are helped to focus on the children in the initial stages of litigation can devise a viable, child-centred, parenting plan without the need for formal proceedings.
(2) ACCEPT EACH CHILD AS UNIQUE
"Individual children may differ in their susceptibility to the impact of separation... differences may stem not only from the gender and age of children, but from their temperament, intellectual and other personal resources, and the availability of support". 6
The research evidence on both children's experiences of contact and outcomes for children, confirms that a unique combination of factors exists for each child. No formulaic approach can be applied across the board or to particular age groups. There can be no substitute for a thorough assessment that reflects the unique and individual needs of each child.
.
3 As quoted in 'An Introduction to the Work of the Family Court Welfare Service' (1997), Home Office
Probation Training Unit
4 Trinder, Beek and Connolly (2002) 'Making Contact: How parents and children negotiate and experience contact after divorce', Joseph Rowntree Foundation
5 'The Government's Response to the Children Act Sub-Committee's Report: Making Contact Work' (2004) Department for Constitutional Affairs, Department for Education and Skills 6 Rodgers B & Pryor J (1998) 'Divorce and Outcomes for Children'
Page 11 of 68


Disclaimer
The contents on these pages are provided as information only. No responsibility or liability is accepted by or on behalf of FLINT for any errors, omissions, or misleading statements on these pages, or any site to which these pages connect, whether provided by FLINT or by any organisation, company or individual. No mention of any organisation, company or individual, whether on these pages or on other sites to which these pages are linked, shall imply any approval or warranty as to the standing and capability of any such organisations, companies or individuals on the part of FLINT. All rights reserved.