Spotlight on Child Protection in Family Courts - Submit Your Response by 26th August 2019

Since our Newsletters on this subject of 31st May and 3rd July 2019, we informed you of the Government's announcement to have a review of how children and parents are protected in family courts. The call for evidence has been announced and, for all the flaws in the way that this review has been structured, it is important that they hear the many voices of good mums and dads who will be affected by conclusions of this report. So please respond to this review on the basis of your experience:

Getting Started

Before any order can be enforced it must contain a warning notice under section 11I of the Children and Families Act.  This warning should be on the front page of the order as specified in paragraph 37.9 of the Family Procedure Rules.

Applications to enforce are made on form C79.  As of 16/10/2910 there are currently proposals by the Private Law Working Group headed by Mr. Justice Stephen Cobb to remove for C79 and add enforcement of orders to the C100 form, on the assumption most people who apply for enforcement actually want to vary their Child Arrangements Order.  There is no reliable evidence of this.

Timescales

When issuing the application the court may order Cafcass/CAFCASS Cymru to undertake safeguarding checks.  If they order being enforced was made more than 3 months ago, safeguarding checks will always be ordered.

The first hearing should be scheduled within 20 working days.  Section 21.2 of Practice Direction 12B states:

Procedure

Practice Direction 12B sets out the steps the court will take, namely:

The Family Court seems to have an aversion to enforcement of orders.  They tell the delinquent party in very stern words not to breach the order and "don't do it again", but they are very reluctant to impose any penalty on the person who breached the order.  The statistics on enforcement of orders make depressing reading, each year the number of applications for enforcement orders increases by between 10% and 30% each year, but the number of enforcement orders made has never been higher than about 1%.  In 2018 this dropped to 0.5% of applications resulting in an enforcement order.  This situation is a disgrace, but it should not deter you from applying to enforce.  Even if the party in breach is not punished by the court, the likelihood is contact will be restored.

Here are a couple of quotes you may wish to use to reinforce the view of the senior judges with regard to enforcement:

In 2014 the then President of the Family Division issued his "View from the President's Chambers" no. 7 entitled "The process of reform: changing cultures".  In it he made clear the importance and sanctity of court orders:

"What I fear is an even greater cause for concern – and it is for me a real concern – is something symptomatic of a deeply rooted culture in the family courts which, however long established, will no longer be tolerated. I refer to the slapdash, lackadaisical and on occasions almost contumelious attitude which still far too frequently characterises the  response to orders made by family courts. There is simply no excuse for this. Orders, including interlocutory orders, must be obeyed and complied with to the letter and on time.

"Too often they are not. They are not preferences, requests or mere indications; they are orders. This principle applies as much to orders by way of interlocutory case management directions as to any other species of order. The court is entitled to expect – and from now on family courts will demand – strict compliance with all such orders.  Both parties and non-parties to whom orders are addressed must take heed. Non-compliance with an order by anyone is bad enough. It is a particularly serious matter if the defaulter is a public body. Non-compliance with orders should be expected to have and will usually have a consequence: see Re W (A Child), Re H (Children) [2013] EWCA Civ 1177."

In a speech given to the J20 conference in Argentina in Sept 2018 by Lord Justice Gross entitled "How can judges strengthen the rule of law" he said:

"Furthermore, a functioning justice system must provide effective access to the Courts. While there is room for argument as to detail, the principle cannot be in doubt. It is hollow to provide rights without the means of accessing Courts to give effect to them; our concern is with practical not theoretical justice. Effective, readily available, legal advice and representation. Ease and effectiveness of enforcement.Costs that are not to be prohibitive; the Judiciary can properly take steps to ensure that court rules, practices and procedures do not increase the cost of litigation unnecessarily. And within the rules, judges should manage cases so that they are conducted at proportionate cost. Without access, property rights will not be secure, contractual rights will not be capable of ready enforcement: businesses will be neither able nor willing to invest and society will, as a consequence be impoverished. Equally, human and other civil rights and obligations will be incapable of effective implementation. Both the socio and economic demand of law will go unmet.The goals of sustainable development could not be achieved."

Lord Justice Gross: How can judges strengthen the rule of law?

The options for enforcing orders were expanded in the Children and Adoption Act 2006 to include ordering a person to do unpaid work.

These were inserted into the Children Act 1989 sections 11J to 11N.  The procedure is set out in The Children Act 1989 section 11J and expanded in Practice Direction 12B.  This can be summarised as follows:

1. The court must decide if the order has been breached beyond reasonable doubt
2. The court must then decide on the balance of probability if the person breaching the order had a reasonable excuse - the burden of proof is on the person who breached the order to prove they had a reasonable excuse.
3. Consider how the wishes and feelings of the child(ren) should be ascertained.
4. Consider if advice should be sought from Cafcass/CAFCASS Cymru on the way forward.
5. Assess the risks of making further or other orders.
6. Consider and Activity Direction e.g. SPIP or making an enforcement order.
7. Consider the Welfare Checklist.

2^nd May 2019

For decades, policy makers and court support services argued that just one in ten separated families relied on the assistance of courts. It turns out that this figure was very wrong and has been clouding policy judgements. President of the Family Division, Sir Andrew McFarlane, said this is:

“a far cry from the previous comfortable urban myth based on a figure of 10%. It indicates a major societal problem…”.​

638,900 parents will fall into Child Maintenance ‘poverty trap’ under Universal Credit says a new report by the Centre for Social Justice

Welcome to the Swindon Branch page!

We are an affiliate branch of the UK's leading shared parenting charity, Families Need Fathers.

We provide help, advice and support for those that are dealing with children's matters before, during and after relationship breakdown. All are welcome - be they mothers, fathers or grandparents.

Upcoming Meetings & Events

Our meetings are held online on the 2nd Monday of each month.

Meeting Location

During COVID-19 our meetings will be held on Zoom. Please call or email Mike for information.

Our next meeting is at First Floor, Customer Service Hub, Orbital Shopping Park, Swindon, SN25 4AN. Please check the Upcoming Events for upcoming meetings.

Contact

If you have any queries, please contact Mike on 07533 501701 or Swindon.Meetings@fnf.org.uk.

Policy 

All matters are discussed in complete confidence under the Chatham House Rule.

Welcome to the Brighton & Worthing Branch page!

We are an affiliate branch of the UK's leading shared parenting charity, Families Need Fathers.

We provide help, advice and support for those that are dealing with children's matters before, during and after relationship breakdown. All are welcome - be they mothers, fathers or grandparents.

There is no cost for attending our meetings, but if you find the help and advice useful we appreciate a small donation to FNF. We also request visitors to consider becoming members of FNF to help our organisation to keep going in especially difficult times for all.

Upcoming Meetings & Events

We meet onlin at 7:30pm on the second Tuesday of every month.

Meeting Location

COVID-19 UPDATE: Normal meetings are suspended. Zoom meetings are taking place in conjunction with Crawley & Horsham branch on the 2nd Tuesday of each month during Covid-19 pandemic. Contact the host below for joining details.

Contact

If you have any queries, please contact Craig by email Brighton-Worthing.Meetings@fnf.org.uk. Please do not contact the venue as they will not be able to help you.

Policy 

All matters are discussed in complete confidence under the Chatham House Rule.

Free Tea, Coffee & Biscuits, people are free to arrive and leave during the evening as their schedule allows. We divide the time betweent the number of attendees on a first come, first serve basis. Attendees are not obliged to discuss their own situation, but everyone can listen to the stories and give advice if they have relevant experience.

We provide a relaxed, pressure free forum for discussion.

Welcome to the North London Branch page!

We are an affiliate branch of the UK's leading shared parenting charity, Families Need Fathers.

We provide help, advice and support for those that are dealing with children's matters before, during and after relationship breakdown. All are welcome - be they mothers, fathers or grandparents.  We also have a solicitor attending our meetings.

There is no cost for attending our meetings although we encourage everyone to buy a drink and spend some money at the bar and if possible make a small donation to FNF. We also request visitors to consider becoming members of FNF to help our organisation to keep going in especially difficult times for all.

Upcoming Meetings & Events

We meet online at 8pm on the second Monday of every month

Meeting Location

Due to the Covid-19 pandemic, this branch's meetings have moved online. Please check with the branch beforehand that the meeting is taking place and how to join.

We meet at The Tally Ho pub in North Finchley. Please check the Upcoming Events for any last-minute changes.

Contact

If you have any queries, please contact Vincent on 07944 295 672 or NorthLondon.Meetings@fnf.org.uk. Please do not contact The Tally Ho as they will not be able to help you.

Policy

All matters are discussed in complete confidence under the Chatham House Rule.

The format of the evening once introductions have been made is to first allow newcomers to explain their circumstances and invite opinions/advice from those present who can maybe apply their own experiences and opinions.

Newcomers are not obliged to speak and are welcome to observe – we like to provide a relaxed, pressure free forum for discussion. We then throw open the floor for others to discuss their own ongoing situations be they asking for advice or announcing progress or good news.

Welcome to the East London Branch page!

We are an affiliate branch of the UK's leading shared parenting charity, Families Need Fathers.

We provide help, advice and support for those that are dealing with children's matters before, during and after relationship breakdown. All are welcome - be they mothers, fathers or grandparents.

There is no cost for attending our meetings although we encourage everyone to make a small donation to FNF. We also request visitors to consider becoming members of FNF to help our organisation to keep going in especially difficult times for all.

Pro bono solicitor advice is open to FNF Members during our meetings.

Upcoming Meetings & Events

We meet from 6:30-9:00pm on the second and fourth Wednesday of every month (Pro bono solicitor advice open to members during meeting). Please note that this branch online meetings are not restricted geographically.

Meeting Location

During the COVID pandemic, East London Branch meetings are held on Zoom. All welcome. Please register for the Extra Support Meetings provided by East London here.

We meet at the HCD Co-operative Workspace, 62 Beechwood Rd, London E8 3DY - 3 minute walk from Dalston Junction overground station.

Use entry phone for access

Nearest Tube Dalston Junction/Kingsland, Buses 67, 76, 149, 243, 488

Contact

If you have any queries, please contact Ian on 07931905002, John on 07943054258 or Faruk on 07435470560. Should you have any issues registering, contact Ian Findlay at Ian.Findlay.Trustee@fnf.org.uk or EastLondon.Meetings@fnf.org.uk for details. Please do not contact the venue as they will not be able to help you.

www.eastlondon.fnf.org.uk

Policy

All matters are discussed in complete confidence under the Chatham House Rule.

The format of the evening once introductions have been made is to first allow newcomers to explain their circumstances and invite opinions/advice from those present who can maybe apply their own experiences and opinions.

Newcomers are not obliged to speak and are welcome to observe – we like to provide a relaxed, pressure free forum for discussion. We then throw open the floor for others to discuss their own ongoing situations be they asking for advice or announcing progress or good news.

Welcome to the West London Branch page!

We are an affiliate branch of the UK's leading shared parenting charity, Families Need Fathers.

We provide help, advice and support for those that are dealing with children's matters before, during and after relationship breakdown. All are welcome - be they mothers, fathers or grandparents.

There is no cost for attending our meetings although we encourage everyone to buy a drink and spend some money at the bar and if possible make a small donation to FNF. We also request visitors to consider becoming members of FNF to help our organisation to keep going in especially difficult times for all.

Upcoming Meetings & Events

We meet from 7.30pm - 9.30pm, 1st and 3rd Wednesday of each month.

Meeting Location

Due to the Covid-19 pandemic, this branch is holding meetings remotely via telephone conference calls.

We meet at The Crowne Plaza Hotel, Bridges Wharf, Battersea, SW11 3RP. We also have a Solicitor Clinic during our meetings. Please check the Upcoming Events for any last-minute changes.

Contact

If you have any queries, please contact James on 020 8871 0823 (9:30am to 6:00pm Monday to Friday only). Alternatively, email jamesjonklaas@gmail.com or WestLondon.Meetings@fnf.org.uk. Please do not contact the venue as they will not be able to help you.

Policy

All matters are discussed in complete confidence under the Chatham House Rule.

The format of the evening once introductions have been made is to first allow newcomers to explain their circumstances and invite opinions/advice from those present who can maybe apply their own experiences and opinions.

Newcomers are not obliged to speak and are welcome to observe – we like to provide a relaxed, pressure free forum for discussion. We then throw open the floor for others to discuss their own ongoing situations be they asking for advice or announcing progress or good news.

Welcome to the North West London Branch page!

We are an affiliate branch of the UK's leading shared parenting charity, Families Need Fathers.

We provide help, advice and support for those that are dealing with children's matters before, during and after relationship breakdown. All are welcome - be they mothers, fathers or grandparents.

There is no cost for attending our meetings although we encourage everyone to buy a drink and spend some money at the bar and if possible make a small donation to FNF. We also request visitors to consider becoming members of FNF to help our organisation to keep going in especially difficult times for all.

Upcoming Meetings & Events

Saturday 10:30 am - 12: 30 pm.

Please note that during the health crisis all meetings are held through Zoom. New attendees need to provide David with their full name, email address and mobile phone number. This can be done by email, text or Whatsapp (07792 185789).

Meeting Location

Due to the Covid-19 pandemic, this branch's meetings have moved online. Please check with the branch beforehand that the meeting is taking place and how to join

We meet at The Three Wishes pub in North Harrow. Please check the Upcoming Events for any last-minute changes.

Contact

If you have any queries, please contact Bal Sanghera on 07714 244 447 or David on 07792 185 789. Alternatively, email NorthWestLondon.Meetings@fnf.org.uk. Please do not contact the venue as they will not be able to help you.

Policy

All matters are discussed in complete confidence under the Chatham House Rule.

The format of the evening once introductions have been made is to first allow newcomers to explain their circumstances and invite opinions/advice from those present who can maybe apply their own experiences and opinions.

Newcomers are not obliged to speak and are welcome to observe – we like to provide a relaxed, pressure free forum for discussion. We then throw open the floor for others to discuss their own ongoing situations be they asking for advice or announcing progress or good news.