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CAFCASSt SECt Contact Principles and Practice
Guidance t Draft 1 Draft issued16,O8,O4
". . .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.
"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'
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