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Documentary

TV Documentary Help

Blakeway TV are looking to speak to people going through the divorce process for a new documentary. Are you at the beginning of separating? Do you think your marriage can be saved? Or have you just got your divorce papers through? Have you experienced parental alienation? Have you had trouble with the court system? Do you think divorce laws need to change? Blakeway would love to have a chat with you. At this stage there is no pressure to be on TV, it’s just a chat on the phone as part of their research. Please email natasha.henry@blakeway.tv with a brief description of your experiences and your phone number if you are interested in helping.

If you don’t mind being contacted by FNF at a later date to assist us with personal stories (made anonymous) or for us to provide details when we have other similar media enquiries the please feel free to copy your email to admin@fnf.org.uk

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Could help to get an FNF meeting running?

Anyone want to help get a Swindon FNF meeting running?

 

We met with the minister responsible for Child Maintenence last week at his constituency office at the Orbital Shopping Park in Swindon. His office is shared a well-maintained professional community space conveniently located next to a substantial out-of-town shopping centre with ample car parking space and bus routes. The centre is available to charities to use for free. If anyone is interested in getting a local FNF meeting going, then it seems likely that Justin Tomlinson MP would be happy to support it and might even pop-in to see how things are going. If you are interested, please get in touch on admin@fnf.org.uk or call us on 0300 0300 110.

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Meeting on Child Maintenance

Child Maintenence - Make Sure Your Voice is Heard!

Many of you will be aware from our previous communications, that the Government have been consulting on the introduction of new tougher sanctions for those who fail to pay their assessed Child Maintenance in full. These sanctions include confiscating passports, taking funds from joint accounts with new partners, docking money to be paid in benefits and, eventually, state pensions, etc. They also propose to alter the way they assess the amount due so as to include many forms of unearned income. The proposals include plans to write-off much of the historic Child Maintenance arrears, dating back over 20 years. We suspect that this may be the deeper reason for these proposals and that they feel the need to be seen to be tough whilst writing-off debt that is sitting on the books. Fuller details of plans are contained in this briefing for MPs can be found in the link here.

 

There has been an element of revolving doors with ministers in the role of Parliamentary Under Secretary of State for Family Support, Housing and Child Maintenance. Caroline Dinenage MP and then Kit Malthouse MP and now Justin Tomlinson MP have each held the role within the last year. We have met with all three ministers, the latest one last week. It does mean that ministers are likely to be following the views of the Treasury, points that best suit the department itself with strands of policy based on whose voices are politically the loudest. Justin Tomlinson MP has only been in the role since 9th July 2018 so we were grateful for an early meeting with him. His previous experience has been working with people with disabilities.

 

In meeting with Justin Tomlinson MP, we found the minister in listening mode, perhaps rather more interested in how shared-care arrangements worked than in matters relating to affordability, other than that the thresholds for paying a % of income had not been reviewed for 20 years. On shared care, there was a sense of him trying to understand better why a 4/3 days a week split of time resulted in an assessment of CM of 4/7 of the full amount.

 

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Father's Day 2018

 Father’s Day Message – 2018

Father’s Day is our opportunity to celebrate fatherhood. It is a chance for all dads to be reminded that they are loved and needed by those who they have cared for and loved throughout their lives. It is a recognition of the unique and vital role that fathers play in their children’s lives.

Tragically, at Families Need Fathers, we all too often work with dads whose children will not be able to celebrate Father’s Day with them. Many of them will have in their possession an order from the Family Court to say that their children should be seeing them regularly, not least on Father’s Day, but the order will not be obeyed.

Other fathers will have no hope at all of seeing their children on Father’s Day, because they have been “awarded” indirect contact. So all they can do for the child who needs them and whom they love is to send them a letter a few times a year – in the hope that it reaches them.

Worse still, many of their children will feel pressurised to reject their much-loved dads. Sometimes this will happen through coaching, but more often it will be because their main carers make coldly clear to these young minds their feelings towards their ex-partners. Why do they do this – could they have valid reasons? More often than not it is because they would not accept that the relationship had ended, because they started a new one of their own, because they were upset that their ex has started a new relationship or because they fear that their ex’s new partner will somehow usurp or diminish their role as a mother. Of course, these reasons are driven by adult emotions and it is harmful to burden the children with them. Children have more than enough capacity to love both their parents and extended families whether they live together or apart. Parents collaborating can do so much to help children to get over their parents' divorce or separation.

It is amazing that in 2018 there are still Cafcass Family Court Advisers, judges and social workers who don’t recognise alienating behaviours or appreciate their effect – putting a child in a position of having to suppress and deny their love for their father - a love that dare not speak its name. Over the last year or two Cafcass have accepted that parental alienation is child abuse and they are beginning to develop pathways and tools for identifying it and hopefully for dealing with it too.

That said the message has not reached all of them yet. Only last week we heard from an entirely reasonable, good dad whose child has been turned against him - yet neither the Family Court Adviser nor the judge showed any interest in why this might be. Incredibly, the judge and Family Court Adviser described the father as arrogant and naive for challenging the professionals' views when they had considered the wishes of his brainwashed child. The judge’s decision was horrifying – condemning a father simply for loving their child above all else – for wanting to remain part of the child’s life. They should do better. They need to be better trained. They need to have a far better understanding of recent research into child psychology and the long-term impact on a child of having to keep secret or trying to destroy their own love of a parent in order to protect themselves from the fear of loss of the other parent. It is amazing that, despite alienating behaviours being recognised by Cafcass nationally and by many experienced judges there are still those who look out to the horizon and conclude that the earth is flat. ‘Professionals’ who ignore all the evidence from those who have sailed those seas and yet when challenged don’t even show the slightest curiosity. Why for example might a child phone and say "I really wanted to see you on Father's Day, but mummy said no" and then a few weeks later, having not seen him, say "I never want to see him again"?

Of course, there are abusive men and women and a small minority will seek to hide their abuse with claims of alienation. This does not mean of course that alienation does not happen and experienced professionals can easily tell the difference. The earth is round, and no amount of denial will make it flat.

Today our thoughts are with all the good dads out there, but most especially with all those children and their dads who are needlessly apart, failed by their main carers and failed by a broken family justice system that is behind the times. Those dads will continue to suffer every single day, as will their children, many of whom will grow up living with the effects of the daily guilt of having to deny their love for one parent in order to hold on to the love of the other.

It will be very hard for these children and their alienated parents to forgive the Government and the courts for their obstruction and inaction. But if we all work constructively together, for the sake of all those children of separated families, progress can and will be made.

We wish everyone a Happy Father's Day.  If you are a father, and you are in touch or with your children - have a great day. If you are a father and for whatever reason you cannot be with your child or children, we hope that they will be happy and much loved and appreciated in your thoughts throughout the day and in the future.

17th June 2018

 

Please support us in our work to change things for the better. Support us by becoming a member, making a donation, or becoming a volunteer.
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Ministry of Justice Domestic Abuse Consultation - Deadline is 31st May!

Well-intentioned plans can have devastating consequences

31st May deadline - make sure your voice is heard!

Many of you tell us of your experience of being falsely accused of domestic violence or abuse in the context of family separation. We also hear frequently from dads who have been victims of abuse, only to then have this compounded with allegations of actually being perpetrators. It is often assumed that the reason for under-reporting by men of such situations is because of the stigma men feel. There may be something in this, however, our service users often say that it is because of their fear of reprisals in relation to them seeing their children or feeling that their experiences will be ignored by the authorities.

Please take the time to provide your input. There is a long version and a short version of the consultation document. Depending on the time you have available to you, please use the appropriate links below. The full version contains 65 questions.

Short MoJ Consultation - Click Here   Full MoJ Consultation - Click Here

 Brief Outline of Proposals

The Government are consulting on proposals to toughen-up on perpetrators of abuse and to extend it to include coercive behaviour. In particular, they propose a new Domestic Abuse Protection Notices/Orders as a centre-piece. As proposed, these would work a bit like current Non-Molestation Orders whereby a breach of such an order will result in an automatic criminal record. On the face of it such proposals may appear to serve the positive purpose of protecting vulnerable adults and children - those who have truly have suffered deserve all the support that they can get. However, we are concerned at the lack of necessary checks and balances in the system to ensure that they do not lead to an increase in its abuse where malicious ex-partners use these to undermine relationships with children in the context of family separation. We are also concerned at the lack of appropriate support given to men and in particular to fathers. The consultation also proposes a Commissioner for Domestic Violence, but we feel that this would not serve the needs of men as currently proposed and that there should therefore be a separate Commissioner or Deputy-Commissioner focused on the experience of men. Your feedback to the government based on your experiences will help to redress the balance. If you would like to read more about FNF's key concerns in response to the questions posed in the consultation then please read on.

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Families Need Fathers - because both parents matter

FNF is a registered charity providing information and support on shared parenting issues arising from family breakdown, and support to divorced and separated parents, irrespective of gender or marital status. FNF is NOT a fathers' rights group - we support the best interests of children - namely mature and collaborative parenting by both parents - an objective which is inadequately promoted in the family court system and associated services.

Our primary concern is the maintenance of the child’s meaningful relationship with both parents.

Founded in 1974, FNF helps thousands of parents every year.

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BBC Money Box Live: Litigants in Person

Litigants in Person

BBC Radio 4’s Money Box Live
Tomorrow (Wednesday 18th April 2018) the programme will be discussing the experience of being a litigant in person, talking to one of our service users and (hopefully) signposting people to FNF. You will be able to listen to the programme live, join in, or find it on iPlayer –
see
http://www.bbc.co.uk/programmes/b09z1d9k.

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Research into Men’s Experience of Female Aggression

Research into Men’s Experience of Female Aggression

Are you a man who has been in a relationship with a female partner, and have experienced physical and verbal aggression, emotional aggression, and/or have felt you have been controlled and manipulated by your partner or ex-partner? This may include false allegations or issues relating to your children. The questions should make it clear what is relevant.

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We Can Do More!

Here is a short video introducing Families Need Fathers to donors and supporters.

FNF has been going for over 40 years, helping parents to restore contact with their children and grandchildren when it is denied by an ex-partner.  In addition to helping parents, we work closely with many governmental and other agencies in order to draw attention to to improve the very poor state of the family justice system when it comes to difficult cases.

Every day we come across parents - mainly dads - who are refused contact with their children by angry ex-partners who want to punish them and exclude them from the lives of their children.  More than a million children in Britain are cruelly condemned to growing up today without a father in their life, too often at the mercy of angry mothers and of a system which actually encourages mothers to exclude them.

Dedicated to changing the above, FNF remains an essential part of Britain's landscape today and is a national charity with branches all round the country. Families Need Fathers needs everyone's support, not just for the dads, mums and grandparents we support, but also to make Britain a fairer and more balanced place in which to provide a future for our children.

Thank you for watching the video above and for any contribution you may like to make. Donations can be made directly through the button below or please contact us if you would like to support a particular project or campaign.

Thank you

Greg Downing
Chair and Managing Trustee - FNF

chair@fnf.org.uk

More on the issues:

CAFCASS, the "eyes and ears" of the courts, regularly ignore the alienating behaviours of some parents.  This often leads not just to denial of contact but also to open hostility by children who before separation dearly loved their dad. Even when contact is ordered by a court, it can easily be frustrated with impunity by mothers whilst attempts to secure enforcement of visitation rights granted by the courts, in 99% of cases do not result in an order for enforcement. This is a failure of the system which is not fit for purpose in these many difficult cases.

Parents regularly now claim to have suffered violence and abuse, not because they have, but rather because saying so can entitle them to Legal-Aid. The number of cases have sky-rocketed since 2014 when Legal-Aid was removed (LASPO) from all cases other than those involving (or claiming to involve) domestic violence or abuse.

Finally the DWP's Child Maintenance Service (CMS) continues the long tradition of poor performance and incompetence set by the CSA over many years - Absurd assessments are made forcing (usually) fathers to pay more than they earn or own, and forcing them live in poverty and resentment, unable to care for their children whilst their ex receives, in addition to any Child Maintenance, all the state child and other benefits and may not feel inclined to work. The old view of father-provider and mother-carer lives on in a supposedly gender-neutral country and the whole system rewards mothers financially and often otherwise for giving up work and for excluding the children's father. It is absurd that the mother's income doesn't even get taken into account in assessments of how two people who may be are ex-partners but are certainly not ex-parents should contribute.

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Manifesto for Family Justice 2017

ELECTION MANIFESTO
FOR FAMILY JUSTICE 2017
 

 

IN 2016 - 48,244 applications made in private law - up by 11% on 2015 (i)

165,000 children were involved in private law orders made (i)

£112 million was STILL being spent on the cost of Private Law Legal Aid (ii)

One million children have no real contact with their fathers (iii)

37% of women claim they’ve been assaulted IN the Family Court (iv)

33% of Private Law cases neither side had a lawyer (i)

 

(i)                   MoJ Family Court Statistics 2016

(ii)                 Legal Aid Statistics in England and Wales October to December 2016

(iii)                Centre for Social Justice – Fractured Families 2013

(iv)                Women’s Aid 2016

 

THIS CANNOT GO ON!

 

Families Need Fathers and FNF Both Parents Matter Cymru
have collaborated to produce a

4 point plan for the 2017 General Election:

 

·       REDUCE AND RESOLVE CONFLICT

·       PROMOTE RESPONSIBLE SHARED PARENTING

·       ENCOURAGE BEST OUTCOMES FOR CHILDREN AND FAMILIES

·       REDUCE THE BURDEN ON THE TAXPAYER & FAMILIES

 
 

We call on candidates to pledge their support for this plan if they are elected

 Downloadable version:

REDUCE AND RESOLVE CONFLICT

Some victims and survivors of domestic abuse have raised concerns that their former partners continue their abuse by making applications to the Family Court.[i]  We want to ensure that abuse cannot be perpetuated by removing the requirement to make application to the Court simply to be able to see your own children and grandchildren.

HOW TO DO IT

Improve education about Parental Responsibility – to parents, children & professionals.  Children have a right to maintain their relationship and have direct contact with both parents on a regular basis (UNCRC Article 9).  Interference with, or restriction of, this right of the child requires a Court Order. 

Introduce ‘Standing Temporary Orders’ granted automatically on application and without the need for a Court hearing.   Standing Temporary Orders set a minimum level of contact PLUS a ban on either parent moving home more than 10 miles without consent of the other parent OR the permission of the Court.

All breaches of Court Orders must be properly enforced by the Court.  Currently just ONE PERCENT of applications for enforcement are granted.

 

PROMOTE RESPONSIBLE SHARED PARENTING

The Child Maintenance and Benefit systems incentivise a ‘winner and loser’ attitude towards shared care. This can trap one parent (usually the mother) in a childcare role and allows the other (usually the father) to walk away from their responsibilities.  Fathers can only acquire Parental Responsibility if married to the mother at the time of a child’s birth OR by the explicit agreement of the mother to be named on the birth certificate. Academic evidence shows that non -resident fathers who see their children several times a week are almost 3 times more likely to contribute financially to their upbringing [ii]

HOW TO DO IT

·         Share the financial aspects of parenting fairly – reflecting a culture in which shared parenting, including responsibility for childcare and finances, is the norm.

·         Enact the provisions of the Welfare Reform Act 2009 to require the compulsory joint birth registration of children.

 

ENCOURAGE BEST OUTCOMES FOR CHILDREN & FAMILIES

Conflict and an adversarial approach currently dominate the post-separation legal landscape.  Government, charities and parents want to avoid hugely damaging courtroom conflicts over children.  The ‘best interests of the child’ need to be clearly defined in terms that parents and children can understand. 

HOW TO DO IT

·         Define the ‘Paramountcy Principle’ in simple clear and objective terms so that parents and children can understand

·         Replace the adversarial system of Family Justice with an inquisitorial one as advocated by the President of the Family Division  

·         Recognise and act to prevent Parental Alienation and other forms of abuse

·         Legislate to incorporate the UN Convention on the Rights of the Child into UK law as it already is to a limited extent in Wales.

 

REDUCE THE BURDEN ON THE TAXPAYER & FAMILIES

The costs of Family Law are unknown [iii] However in addition to the emotional toll on children and parents the cost of Private Law Legal Aid alone is £117m a year [iv] even after Legal Aid was supposedly stopped in 2014.  District Judges in the Family Division are paid more than £107,000 per year [v]  to work out issues that are often as complex as the length of a child’s hair or whether their father can pick them up at 4pm or 5pm on a Friday. This has to stop.  Cafcass England cost more than £123 million pounds in 2013/14 and Cafcass Cymru has an annual budget in excess of £10.4 million. This makes no sense.

HOW TO DO IT

·         Cut the financial cost of Family Justice by  implementing online processes  in the Family Court with ‘Standing Temporary Orders’ as the default position

·         Reduce the cost of Cafcass / Cafcass Cymru by reducing the need for reports in most Private Law cases.



[iii] MoJ statement to FNF BPM Cymru – April 2017 – in response to request for the annual cost to taxpayers of Private Law “I'm afraid there is no information available to answer this question at present. Whilst we hold financial information at a more aggregate level we do not separate out private family law system costs.”

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2017 FNF Annual Conference

FNF Conference on the Future of Family Justice – Key Issues for Litigants

There are still some tickets left for the FNF 2017 Annual Conference in Bristol on Saturday 18th March 2017.  Click here for a last chance to book your places!

 


 

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International Conference on Shared Parenting - Boston

May 29-30 - Check it out - Book Now!

The National Parents Organization and the International Council on Shared Parenting (ICSP) are running a conference in Boston. This conference is widely considered to include almost all of the leading currently active scholars in the world on the subject of optimal post-divorce parenting arrangements. Under the theme “Shared Parenting Research: A Watershed in Understanding Children’s Best Interest?”, these experts will present their research results and practical experience at this international and interdisciplinary conference. To view the preliminary scientific programme and speaker details click here.

Full details here!

Check out our latest Newsletters here!


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Resident Parents

Resident Mothers and Fathers

Key ideas:

  • Promote child-centred co-operation (the resident parent usually has the most influence)
  • Promote the importance of non-resident fathers and mothers for children’s long-term wellbeing where it is safe to do so
  • Challenge parental alienation and obstruction of contact without very good reason

Around 90% of resident parents are mothers, with 10% being fathers. Resident mothers and resident fathers have many experiences and support needs in common, with some differences. Resident parents live with their children more of the time, but the separation itself may be just as emotionally loaded and painful, perhaps including a strong sense of loss, anger, or resentment. They may be juggling work, childcare and new partners (and their children), and may perceive that their life is made more difficult by the demands or behaviour of the non-resident parent.

While it is more likely that many parents presenting to agencies already will be resident mothers, traditionally separation issues have not been discussed. Practitioners may fear that hard won working relationships may be damaged, but those that have explored separation issues with clients have reported that this is not the case. As resident parents are likely to spend more time with children it is particularly important to take a child-centred approach, rather than just a client-centred one. Occasionally this will involve challenging choices and behaviour where it is clear that children’s best interests are not being served, as well as congratulating resident parents for the good work they are already doing when they are.

Practical support needed may include: 

  • Information on benefits and debt 
  • Help with child support claims 
  • Help with housing issues
  • Signposting to legal advice regarding contact and other court orders

Working with resident parents to reduce conflict and increase co-operation

  • If the children are with the resident parent most of the time it is particularly important where there is conflict to save communication with the other parent for times when the children are not present. Phone calls can be after bed time, or child-centred letters may be more effective in avoiding personal issues. If they want to discuss or comment about the other parent with friends or family, it is also best to wait until children are not present. Hearing unresolved conflict and criticism of the other parent hurts them
  • Help the resident parent to separate issues out, particularly parenting from relationship and money issues (however legitimate). Help them to avoid using children as bargaining weapons – which hurts children, not just the other parent. They can behave well, even if the other parent doesn’t.
  • Is the resident parent being inconsistent with allowing contact, or giving out mixed messages: ‘Be involved, but the kids are mine?’ This is likely to demoralise the other parent and may reduce their long-term help. Explain that children are not owned by either parent but are people in their own right.
  • Encourage the resident parent to offer the non-resident parent time alone with the children (if safe) - identify an appropriate setting if needed, and help them agree a timetable that increases gradually to allow adjustment. Reassure them about the long term benefits of this
  • Encourage the resident parent to acknowledge the non-resident parent when they do something with or for the children, not just criticise what they do ‘wrong’ or don’t do
  • Help the resident parent to acknowledge the resident parent as an equal but different parent – they will do some things differently and that can help the child become resourceful and flexible
  • Minimise the effect of new partners, who are a common trigger for raised conflict. Help the resident parent to prioritise children’s needs. Withholding children to express anger about the non-president parent’s new relationship, or bowing to pressure from their own new partner to exclude the non-resident parent are likely to hurt and confuse children.

Continue to: Issues Related to Contact (NOW BELOW) 

 

Issues Related to Contact:

A change in behaviour on return can a problem:

  • Resident parents can see children as being upset or naughty on their return. Are the children picking up parental anxieties about handovers from either side? Can they be re-assured? Do they need to be allowed a little more time to re-adjust each time? Is this because the non-resident parent sets different boundaries?
  • Agreeing common house rules and routines if possible can help, concentrating on the basics like sleeping, eating and behaviour routines. Children can understand that there are different rules in different places (like school) and can benefit from difference. It is important that children have time to adjust to change-overs.

Reliability and time-keeping. Some resident parents want the other parent to have more contact, but be frustrated by unreliability, which is also very painful for children: see ideas on working with un-motivated non-resident parents

Respite child-care. Resident parents, particularly those with complex difficulties may be tired or isolated and in need of respite – just for a rest, to develop adult relationships and friendships, or to attend training or appointments.

Various options within extended families (grandparents in particular), support networks and services can be explored. However, where safe, this is an opportunity to discuss the value of involving the non-resident parent more. Non-resident parents are a free and more sustainable solution than using professional services, and the child is likely to benefit from more time to make a positive relationship with their other parent.

If there is friction or conflict in the relationship between ex-partners, resident parents may need help to think through the long-term benefits of this to the child and themselves - weighed against negatives. For example a perceived loss of position or fear of giving ammunition for the non-resident parent to paint them as not coping, or setting a precedent from which the non-resident parent may ask for more contact, weighed against free, relatively flexible childcare.

Should the children need long-term care, positive family members like fathers are a better option than care, and agencies need to build these relationships before an emergency arises.

It is worth differentiating between different kinds of resident parents, who may vary widely. Ideas include:

Lone parents where the other parent has chosen not to be involved or is excluded for child safety reasons

  • Respite child care, practical help with benefits, child support, help in developing support networks (introductions to peer groups etc)

Resident parents who are excluding a willing parent and may be attempting to alienate the child from them:

  • Go through the child-centred checklist, emphasising the effect on the child and their long-term wellbeing, and probable damage to their own future relationship with the child

‘Lone parents’ where the other parent is around but hidden in order to increase benefits

  • Arrange a confidential benefits calculation through Citizens Advice or similar for living alone with a partner.

Lone parents living with children from one or more different parents and engaging in serial relationships involving successive temporary changes for children

  • Go through why this is happening and possible effects on children. Explore ways of maximising stability for children
  • Explore ways of managing how new (and possibly temporary) partners impact on children, for example keeping them separate initially, not asking children to accept them too quickly or see them as a parent figure, assessing any risks a new partner may pose carefully   

Resident parents in stable new relationships with a partner who takes on a parenting role and supports the household practically (who themselves may have children from previous relationships)

  • Many of their needs may be met from within the family, with occasional needs in times of transition or of disagreement with the non-resident parent

Resident fathers

Resident fathers are likely to have many of the same support needs as resident mothers, but are less likely to be known to services and are more likely to be isolated. Men have historically been engaged with less, typically reporting that this is because services are delivered during working hours, because they find all-female workforces harder to identify with, are worried about being the only man there (for example at a Stay and Play group), and because of wanting to keep a low profile regarding children because of media campaigns about paedophilia. They may need reassurance that they are welcome, and a personal invitation to attend. Where possible arrange for another male to be present in group settings. 

Resident mothers

Culturally resident mothers may feel a lot of pressure to provide ‘perfect’ parenting and home-making for their children, as well more contemporary roles like breadwinner. This can be particularly hard if combined with a feeling of abandonment and loneliness. If they are insecure or had a difficult upbringing the ‘mother’ element of their identity can feel threatened if fathers want to be involved post separation. Peer or family attitudes encouraging her to exclude the father can sometimes add to this. They may need reassurance that father involvement does not make mothers less important, it simply means more parental love for children, and a welcome break, along with all our normal approaches to supporting mothers.

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Separated Families Matter

INFORMATION – IDEAS –
RESOURCES – STRATEGY

Dear Colleague,

This website is for you if:

  • You work with services for children or families in any capacity or sector
  • You work with any service for adults who may also be separated parents.

The aim is to help you:

  • Meet the practical and emotional support needs of separated mothers, fathers, their children and their extended families
  • Help families move towards child-centred co-operation and away from damaging conflict
  • To retain as much post-separation support and stability as possible for children.

Separation or divorce is not a one-off event but an ongoing series of emotional and practical challenges for children and families that can last a whole childhood - and beyond. Sometimes this impacts on adult relationships and the next generation of child rearing. It is vital for children that we all understand this better and begin to make engaging with it a normal part of our work.

The “Why work with separation?” and “Separation Essentials” sections are good starting points and, along with “Client Needs,” are for everyone. “Resources and Tools” includes example paperwork and tools for working directly with people. The final section “Planning Services” is aimed mainly at leaders and managers.

Best wishes and success in your work,

Geoff Read

To download a printable .pdf version of this resource please click here.

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Formal Contact Sessions

Supporting Parents Going Through Formal Contact Sessions or Moving on from them 

About Contact Centres:

  • A Child Contact Centre is a safe, friendly and neutral place where children of separated families can spend time with one or both parents and sometimes other family members. They are child-centred environments that provide toys, games and facilities that reflect the diverse needs of children affected by family breakdown.
  • A Child Contact Centre is independent of the Courts, Social Services or any statutory agency.
  • (Contact Centres can also provide handovers so that parents don’t have to meet (including for informal contact), and can receive and  forward items for indirect contact where the address of the child is not yet to be shared with the parent)

Referals:

  • Visits are normally by referral, although some Centres accept self-referrals. The referral can be made by a social worker, solicitor, family mediator, CAFCASS (Children and Family Court Advisory and Support Service) officer or by Court Order.
    For more detail or to contact your local contact centre go to http://www.naccc.org.uk/cms2/index.php

Note: Supervised and supported contact centres have their own staff and volunteers. This section is intended as background information for other practitioners working with parents who may be attending such sessions, with the emphasis on the separation aspects of the situation rather than predominately safeguarding issues.

The National Association of Child Contact Centres website gives the following information:

The difference between ‘supported’ and ‘supervised’ contact:
Supported Contact:

  • Supported Child Contact Centres are suitable for families when no significant risk to the child or those around the child has been identified.
  • Supported Child Contact Centres do not make verbal or written reports about visits, apart from the dates and times of attendance. The only exception to this is if we believe that a child is at risk, or if a member of staff, volunteer or Centre user is at risk of harm.

Supervised Contact:

  • A Supervised Child Contact Centre should be used when it has been determined that a child has suffered or is at risk of suffering harm during contact.
  • Supervised Child Contact Centres do make reports on contact.

Note:
Different contact sessions might also be arranged in various other ways by Cafcass officers or Social Care workers, in which case settings and structure may vary.

Children’s Centres are increasingly being used for this, providing a good opportunity for staff from the arranging agency and the Children’s Centre to work together in meeting the varied needs of each parent, and if appropriate, the children. Information may need to be shared, following protocols and safeguarding guidance.

Separated parents attending formal contact sessions may experience:

  • Feeling nervous beforehand, being unsure what to expect
  • Feeling judged and on the defensive
  • Frustration or anger at having to pass a test to see their child, especially if a false accusation has been made by the other parent in order to obstruct, delay or reduce contact with children as part of ongoing conflict
  • Feeling inhibited at trying to be natural with their child while being observed
  • Worried about failing and not being able to see their child in the future

Some ideas for before and during a period of contact sessions:

  • Explain the purpose and nature of contact sessions if they aren’t sure.
  • Emphasise the importance of attending on time and following the rules of conduct of the contact – it is the way through to seeing their child again
  • Help the parent think of ways of making the contact as meaningful, enjoyable and natural as possible, hard though that may be: 
    - If they haven’t seen their children for a while their emotions will run high – how will they manage this? 
    - What could they remind themselves of in order to keep calm and relaxed for their children?
    - What do they think each child needs from them at the session? (Playing at their level, talking, asking questions, listening, lots of eye contact, praise, take a book to read them? and so on…)
    - Don’t expect too much from the child - it is hard for them too, especially if there has been a break in contact.
  • If the parent is feeling unmotivated or pessimistic about the likely outcome, point out that many people are successful, and are able to see their children more freely later. What do they think they need to do to be one of those people?
  • The difference it will make to the child (even if the child can’t show it at this point)
  • If you see the parent after a session, help them think through how it went and why – what went well, and how could it be better for the child next time?

If the period of contact sessions is successful
If there are still some concerns, or if the mother or father is lacking confidence, a transitional arrangement may be preferable – for example contact that is informal and unsupervised in a supportive group setting like a Children’s Centre, rather than the parent suddenly being left to cope completely on their own. Setting staff can be engaged with to provide discreet support if needed. Later, age/stage appropriate child-friendly ideas for contact activities in the community may help.

Parents who have had to go through contact sessions because of false allegations are likely to want to exercise contact independently as soon as possible, though they may also need to negotiate transitional arrangements in order to reassure or placate the other parent. Arranged handovers in which the parents don’t have to meet may help the child avoid conflict initially.

If the contact sessions are unsuccessful

  • The father or mother may need help dealing with their grief or anger, which should be fully acknowledged.
  • If allowed, they may be able to use indirect contact (e.g. emails or phone calls) in order to maintain their relationship with their children, and you may be able to make this good quality and child-centred
  • Can you help them see the factors that brought them to this point? Help them explore ways of separating out and resolving those issues – although they may feel they have tried everything
  • If their complex issues have been a factor, make sure that they are aware of help available, and explore longer-term possibilities for rebuilding the relationship, provided this has not been irrevocably ruled out.
  • On occasions where the parent feels that contact sessions have failed because the resident parent has successfully alienated the child from the non-resident parent without good reason, it can be especially hard, and a long-term view, possibly into the child’s adulthood may help if sensitively handled. Grief counselling may be needed.
  • Signpost mothers and fathers to legal help or specialist support where needed.
  • Is there a way that you can help them find a realistic way forward for them, rather than it seeming like a dead end?

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Work with The Former President

FNF has Worked with Sir James Munby
Former President of the Family Division of the High Court

Our duty, as a social care charity, is to help separated families.  This is the aim of most of our publications and work. However, to do this alone would of course be like treating cases of cholera while the water supply remains polluted. It is what the individuals want and need, but unless the cause is treated, the problems remain.

So our other duty is to promote social and legal attitudes that will enable children to benefit from a full and empowering relationship with both their parents as well as their wider family.  We work with a number of key figures and agencies in order to improve the life of separated families.  Sir James Munby, President of the Family Division for England and Wales (PFD) is one of the most respected figures we deal with.

Sir James, in effect the head of the family court, and who sits regularly in the Court of Appeal, gave the plenary talk at our Annual Conference in 2014.  Since then we have continued to be involved in a working dialogue with Sir James.  As a result we believe that we see eye to eye with him on many issues - including the fact that major reforms are required to the Family Justice system.

Sir James has addressed two of our annual conferences so far and transcripts of these can be seen on our site:

FNF Annual Conference Nov 2014 - Speech transcript

FNF Annual Conference March 2017 - Speech transcript

 


 

In addition to our transcripts of Sir James's words, we are collecting quotations he has made in other places such as in judgements, etc. They highlight how justice should be done and be seen to be done. Unfortunately for so many, this is not the case in practice.

The following are from Re C (A Child) (Suspension of Contact) [2011] EWCA Civ 521, [2011] 2 FLR 912, para 47, as follows:

Contact between parent and child is a fundamental element of family life and is almost always in the interests of the child. Contact between parent and child is to be terminated only in exceptional circumstances, where there are cogent reasons for doing so and when there is no alternative. Contact is to be terminated only if it will be detrimental to the child's welfare.
There is a positive obligation on the State, and therefore on the judge, to take measures to maintain and to reconstitute the relationship between parent and child, in short, to maintain or restore contact. The judge has a positive duty to attempt to promote contact. The judge must grapple with all the available alternatives before abandoning hope of achieving some contact. He must be careful not to come to a premature decision, for contact is to be stopped only as a last resort and only once it has become clear that the child will not benefit from continuing the attempt. The court should take both a medium-term and long-term view and not accord excessive weight to what appear likely to be short-term or transient problems.
The key question, which requires 'stricter scrutiny', is whether the judge has taken all necessary steps to facilitate contact as can reasonably be demanded in the circumstances of the particular case. All that said, at the end of the day the welfare of the child is paramount; 'the child's interest must have precedence over any other consideration.

Further Notes on Ongoing Meetings with the PFD (to be updated)

Judges are required to administer the Laws passed by Parliament. But those Laws concerning children are very vague, mainly saying that judges should do what is best for children. They are not tied down to anything specific. As a result of FNF lobbying a new Law has stated that children have the right to have both their parents involved in their lives unless there is a contrary reason. Most people were probably surprised that this was not the Law already. But it was not. But it is still hardly specific. Judges and magistrates can still do pretty well what they like, provided they feel it's right and they say it's for the best for the children.

Which makes how the Courts interpret the law the key issue. Of course it is not only the children one of whose parents have sought a legal ruling that are affected. While some parents make their own arrangements without any reference to legal decisions, many do so 'in the shadow of the Law', that is, knowing what Judges and magistrates will do if the parents fail to agree and have to go to court. And of course what 'The Law' says is a symbolic statement that states what 'Society' - or at least those that make the Law - think is acceptable. The fact that denying a child a relationship with both parents is now clearly labelled as wrong will, we hope, have the same effect as the Laws against sex or race discrimination. It will not solve the problem instantly or totally, but will signal those who continue with unacceptable behaviour that they are out of order.

The boss of the family courts becomes a key  figure,  for he (or she when is was Dame Butler-Sloss) has key, but limited authority. He decides the top level of appeals. Now decisions made by lower courts are supposed to apply the principles set by the higher courts. In theory therefore, the decisions he and his colleagues make should direct those made by others. It does not work quite like that, for two reasons.

First, the barriers to making an appeal - making a higher authority review whether a decision made by a lower one is correct - are so high, in cost, trouble, stress and delay - that lots of bad decisions don't get challenged. The second is that the law is so flexible (to allow judges and magistrates to fit their decisions on very varied circumstances) that it is hard to say whether a 'precedent' has been broken.

But there is some influence all the same.

The President can also say how issues should be handled. While these are called 'directions', there is actually no effective way of policing them. So the better judges and courts will  observe them,  but many simply carry on as before, particularly if they believe what they do is 'right'.

One thinks of the remark of former United States President Truman on handing over power to his successor, Field Marshall Eisenhower. 'Poor Ike, it will not be like the army at all. He will say, 'do this, do that' and nothing will happen. I sit here trying to persuade people....'

Our first meeting with 'The President' was a success. He listened to us courteously and attentively. The issue we took to him was the frequent ineffectiveness of contact or child arrangements (as they are now called thanks to the new Law) court orders. So often courts say 'this will happen', and nothing does. The parent who is trying to get the best for his or her child has to hurl themselves constantly against more and more barriers, and while most make some progress,  some fail. The paper we put to him - written for us by Michael Robinson of The Custody Minefield - and warm thanks to him - is available below. Sir James promised to read it and to respond to the suggestions in it. The second meeting is in February (2016) at which we trust he will give his reaction.

We will then look at the next issue, which is the division of parenting time between the parents and on how litigants in person (LIPs) can be supported. This paper will also be published on our website. It promotes the idea that those making parenting arrangements for children should have a set of tests in mind which will promote the best for the children by ensuring the full involvement of both parents. 

Getting shared parenting, like ending sex or race discrimination,  will be slow work. But over time we can look forward to more progress.

January 2016

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A Guide to leaving a Legacy to FNF in your Will

Small or large, every gift we receive in a Will makes a vital contribution to our work. But how do you go about arranging it?

Here's a quick summary on what to do:

1) The first step is to talk to a solicitor or professional advisor
If you don't already have a Will, a solicitor will be able to draft one for you. This is usually inexpensive and vital if you want to make sure that everything is done correctly. By having a proper Will in place you can be sure your wishes will get carried out – from providing for your loved ones through to leaving a gift to your favourite charity. Even if you already have one, it's easy to arrange for your gift to be added by using what's known as a 'codicil'.

2) Thinking about what you're going to leave
You can discuss this when you meet with your solicitor. However, it's well worth thinking about it beforehand. What you'll need to consider are the things you own e.g. your property, possessions and investments and the things you owe e.g. your mortgage, loans etc. That way you'll have a clear idea about how much you have and who you'd like to leave it to.

3) Making your gift to FNF?
Once you've made provision for your loved ones, you can then look at how you'd like to make your gift. You can either leave a specific amount of money, which is known as a Pecuniary Bequest or a share of what's left over after all your wishes have been carried out, which is a Residuary Bequest.  Rather than leaving a precise sum of money, many choose to leave a percentage or the residue of their estate as it means that its value will not be affected by inflation. 

Most people make a gift in one of the ways shown below:

A straightforward gift to where the need is greatest. This is how the majority of our members choose to remember FNF - Because both parents matter. It’s straightforward because your gift is treated as ‘general funds’ and used wherever the need is greatest at the time. For example, we might use it for everything from improving our on-line services to developing a new parenting or LIP course.

4) Make sure your legacy is worded correctly
In any Will, it's essential that the wording is legally sound and that there's no chance that it might be misconstrued. That's where your solicitor will prove invaluable. To help, we've included a sample wording which may help you although we recommend taking legal advice whenever you make or change your will.

"I bequeath to Families Need Fathers Ltd (‘FNF’) of Unit 501, The Pill Box Building, 115 Coventry Road, London, E2 6GG, registered charity number 276899, the sum of £_______ (for a pecuniary bequest), or: the residue of my estate (for a residuary bequest) to be used by FNF at its discretion. "

5) It's all in the execution
Your executors are the people who will be in charge of making sure your wishes are carried out. It’s worth thinking carefully about who you appoint as your executors. They can be friends or family, or professionals like a solicitor. In certain instances we can also perform the role for you e.g. if you’re thinking about making FNF a major beneficiary. However, it does place an extra administrative burden on our resources and we prefer to concentrate on looking after the places and spaces you care about.

6) We’d like to thank you

Leaving a gift in your Will is a very personal gesture and we appreciate that some people prefer to keep these things private. However, we’d really like to thank you for your kindness and show you what you’ll be helping us to achieve.  So please, do get in touch with our friendly team on 0300 0300 110

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Splitting Up

When a relationship ends a lot of decisions need to be made, particularly when you have children. This can be very difficult, particularly if, like many separating couples, you find it difficult to communicate with each other.

This is where parenting plans can help. These are agreements that you can make privately that help you plan things like how you will care for your child together. They are flexible, and not legally binding.

Online parenting plans can be helpful as it enables you to start making these arrangements together, giving you something to build on. If you are finding communication with your former partner difficult, an online plan can be a good way of starting this process.

The Splitting up? Put Kids First parenting plan has been developed by the charity One Plus One. It is a free online parenting plan that can help you to start making arrangements, whilst also providing tools to help you improve communication with your child's other parent. Families Need Fathers are supporting the promotion of this tool to encourage more parents where possible to work together and communicate better.

Whether you are just separating or have been separated for a while, you may find that building a Parenting Plan can help you.

To find out more about the parenting plan tool, just click here.

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FNF HSSF Kite Mark

Families Need Fathers has been awarded the Help and Support for Separated Families Kite Mark which is a new UK government accreditation scheme for organisations offering help to separated families.

Families Need Fathers work with a range of family law professionals, including Family Law Panel.

FNF are pleased to announce a partnership with MyDaddy who have built this excellent app for the significant proportion of fathers who are now newly sharing parenting after separation.

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