Family Justice System
Posted on Wednesday, January 20, 2010 at 5:45pm
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I’m very pleased to blog about the fact that the Welsh Government has today launched a review, and has set up a panel to look in to how the Family Justice System works in Wales and England.
The terms of reference are below, as stated by the Minister with responsibility for this area, Gwenda Thomas.
I am particularly pleased, as I wrote to the First Minister only last week to ask about this very issue given that I have am aware that the system does not work as well as it could at the moment- some would say that this is an understatement.
The family justice system, according to many organisations like Families Need Fathers, is especially weak when discussing the role of the father in a child’s life, or the non -resident parent. I have been informed that court orders are often broken by the resident parent, that quite often false allegations are put forward against the non resident parent, and that the courts do not always fully consider such allegations. I therefore particularly welcome the way in which this review will look at -
• The interests of the child should be paramount in any decision affecting them (and, linked to this, delays in determining the outcome of court applications should be kept to a minimum)
• The court’s role should be focused on protecting the vulnerable from abuse, victimisation and exploitation and should avoid intervening in family life except where there is clear benefit to children and vulnerable adults in doing so
So many non resident parents (which are mostly men I’m afraid to say) are fighting within a system that appears to be working against them- denying them the right to see their child- which actively works against the rights of the child to have access to both parents.
The Tories talk about tax breaks for married couples, but surely this issue is one that should be prioritised firstly, and with urgency, given the number of divorced or separated couples who are involved in protracted court cases?
This review is important in order to give children a rounded, and fulfilling upbringing by both parents equally- and to ensure that they are treated fairly within the family justice system. So many fathers, or non resident parents are forced to accept that they cannot see their children ever again due to the way in which the current system actively works against them. This is a sorry state of affairs, and it should not be happening in the 21st Century.
The review will end in 2011, and I hope that third sector organisations, charities and the public will get involved in giving evidence on an issue that has for too long fallen below the political radar.
………………………………………………………..
WRITTEN STATEMENT BY THE
WELSH ASSEMBLY GOVERNMENT
Title:
Family Justice Review
Date:
20 January 2010
By:
Gwenda Thomas, Deputy Minister for Social Services
‘As part of my role as co-chair of the National Family Justice Board, I have agreed with the Lord Chancellor and Secretary of State for Justice (Jack Straw MP) and the Secretary of State for Children, Schools and Families (Ed Balls MP) a review of the family justice system in England and Wales.
The family justice system involves life changing decisions for many thousands of children and their families each year at a cost to the taxpayer of over £800m. There have been some important elements of reform in recent years. But we need to be certain that the system, as it is currently set up, supports parents as fully as possible in establishing and maintaining a co-operative approach to agreeing future arrangements when relationships break down, and does not unwittingly cause additional stress at what will already be a difficult time. It is also important to ensure that valuable court time is focused on protecting the vulnerable from abuse, victimisation and exploitation and that the system is being managed as effectively as possible.
The review will be conducted by a panel, comprising four representatives independent of UK and devolved Government and senior representatives from the Ministry of Justice, Department for Children, Schools and Families, and the Welsh Assembly Government..
The review will be asked to make recommendations in two core areas: (1) what steps can be taken to promote informed settlement and agreement; and (2) whether improvements need to be made to the way in which the family justice system is managed.
It will be guided by the following principles:
• The interests of the child should be paramount in any decision affecting them (and, linked to this, delays in determining the outcome of court applications should be kept to a minimum)
• The court’s role should be focused on protecting the vulnerable from abuse, victimisation and exploitation and should avoid intervening in family life except where there is clear benefit to children and vulnerable adults in doing so
• Individuals should have the right information and support to enable them to take responsibility for the consequences of their relationship breakdown
• Mediation and similar support should be used as far as possible to support individuals themselves to reach agreement about arrangements, rather than having an arrangement imposed by the courts
• The processes for resolving family disputes and agreeing future arrangements should be easy to understand, simple and efficient
• Conflict between individuals should be minimised as far as possible
