What is the welfare checklist?

In the context of family law in the United Kingdom, the welfare checklist is a crucial aspect of the Children Act 1989. The Children Act 1989 is a comprehensive piece of legislation that outlines the responsibilities of courts and local authorities in matters concerning the upbringing and welfare of children.

Section 1(3) of the Children Act 1989 provides the welfare checklist. According to this section, when a court determines any question with respect to the upbringing of a child, the child's welfare is the paramount consideration. The court must have regard to the following factors, which constitute the welfare checklist:

1. The ascertainable wishes and feelings of the child concerned (considered in light of the child's age and understanding).

2. The child's physical, emotional, and educational needs.

3. The likely effect on the child of any change in his or her circumstances.

4. The child's age, sex, background, and any characteristics of his or her which the court considers relevant.

5. Any harm which the child has suffered or is at risk of suffering.

6. How capable each of the child's parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child's needs.

These factors guide the court in making decisions regarding various aspects of a child's upbringing, including custody, contact arrangements, and other issues related to the child's welfare. The primary aim is to ensure that the child's best interests are protected, and decisions are made with their well-being as the central focus. The welfare checklist provides a structured approach to assess and evaluate these complex considerations in family law cases involving children.

A view

According to news reports a new law in Texas requires convicted drunk drivers to pay child support if they kill a child’s parent or guardian.

The law, which went into effect Friday, says those convicted of intoxication manslaughter must pay restitution. 

The offender will be expected to make those payments until the child is 18 or until the child graduates from high school, “whichever is later,” the legislation says.

The amount of child support depends on multiple factors, including the child's educational needs, medical needs and any reasonable child care costs. The standard of living that the child is used to is also considered.

Anyone who is unable to make payments due to incarceration may be eligible for a payment plan.

I can see both advantages and disadvantages of such a law in the UK. 

Thoughts?

More thoughts

Incredibly frustrating that so many first appointments in private law children cases (and sometimes even DRAs) are being heard only by legal advisors, and without Magistrates. 
No criticism of the quality of legal advisors, they are absolutely doing their best. 
However, the issue is that when it comes to issues of contact they have no decision making or judicial powers. That's the role of the Magistrates (or indeed, Judges).
This means that if there is a dispute over contact (usually the reason the matter is in court) they are powerless. 
If there's an agreement on contact this can of course be recorded on an order (but again if it was agreed, perhaps we wouldn't be in court, in the first place). 
If there is no agreement between the parties, often there is no contact between the child and the other parent. 
I know that this is frustrating for many legal advisors (a different issue is whether they should have such judicial powers). The legal advisor can list for an interim hearing on contact to resolve the dispute (in some courts currently that would be a hearing next year). 
It's often a waste of money for the parents, but much more worrying is that it's often a child not having contact with a parent for many months. That can't be right.

Unveiling the Ethical Questions of Artificial Intelligence

So it is here. The Rise of AI.

Artificial Intelligence (AI) has emerged as a transformative force, revolutionising numerous aspects of our lives. But for good or for bad?

From autonomous vehicles to virtual personal assistants, AI is making significant advancements in various domains. However, as AI continues to evolve and integrate into society, it raises a host of ethical questions that demand careful consideration. In this article, I will explore some of the key ethical dilemmas surrounding AI and the need for responsible development and deployment.

1. Bias and Discrimination

One of the most pressing concerns regarding AI is the potential for bias and discrimination. AI systems are trained on vast amounts of data, which can inadvertently reflect societal biases present in the data. If this biased data is used to train AI algorithms, it can lead to discriminatory outcomes, reinforcing existing social inequalities. For instance, biased algorithms in hiring processes may perpetuate gender or racial biases. It is crucial to ensure that AI algorithms are developed and trained with diverse and representative datasets to mitigate bias and prevent discriminatory outcomes.

2. Privacy and Data Protection

AI relies heavily on data, often personal and sensitive information, to function effectively. This raises significant concerns about privacy and data protection. As AI systems collect, analyze, and process vast amounts of data, there is a risk of misuse or unauthorized access to personal information. It becomes essential to establish robust data protection policies and ensure transparency regarding data usage. Users must have control over their data, with clear consent mechanisms and the ability to opt out of data collection and processing.

3. Accountability and Transparency

AI systems can make complex decisions and predictions based on intricate algorithms. However, these systems can sometimes lack transparency, making it challenging to understand the reasoning behind their decisions. This opacity raises concerns about accountability. When AI makes critical decisions in areas like healthcare, finance, or criminal justice, it is crucial to have mechanisms in place to explain and justify those decisions. Developing explainable AI models and ensuring transparency in decision-making processes are essential for fostering trust in AI systems.

4. Unemployment and Workforce Displacement

AI's rapid advancement has sparked debates about its impact on employment and workforce displacement. While AI technologies can enhance productivity and streamline processes, there are concerns that they may replace human workers in certain industries. As AI systems become more capable of performing complex tasks, it is necessary to address the potential societal consequences, such as unemployment and inequality. Strategies like reskilling and upskilling programs can help prepare the workforce for the changing job landscape and ensure a just transition.

5. Autonomous Weapons and Safety

The development of autonomous weapons powered by AI raises significant ethical questions. Autonomous weapons, such as drones and robotic systems, can make decisions to use lethal force without direct human control. The absence of human oversight and judgment in these situations can lead to unpredictable and potentially devastating consequences. It is essential to establish international regulations and ethical guidelines to prevent the misuse of AI in military applications and ensure human responsibility and accountability in weapon systems.

6. Ethical Design and Bias Mitigation

To address the ethical challenges of AI, it is vital to prioritize ethical design and bias mitigation throughout the development process. This involves considering the potential impacts of AI systems on individuals and society, conducting thorough risk assessments, and actively involving diverse stakeholders in decision-making. Building diverse and interdisciplinary teams can help uncover potential biases and ensure that AI systems are developed with ethical considerations in mind.

A work in progress

Artificial Intelligence holds immense potential to transform our lives positively, but it also poses significant ethical questions that need careful attention. Addressing bias and discrimination, ensuring privacy and data protection, promoting accountability and transparency, mitigating workforce displacement, regulating autonomous weapons, and fostering ethical design are crucial steps towards responsible AI development and deployment. It is essential for governments, organizations, and society as a whole to collaborate in defining

What is The Hague Abduction Convention

The Hague Convention on the Civil Aspects of International Child Abduction, commonly referred to as the Hague Abduction Convention, is an international treaty developed by the Hague Conference on Private International Law. The convention was established to address the growing issue of international child abduction, providing a legal framework to resolve cases where a child is wrongfully removed or retained across international borders.

Key aspects of the Hague Abduction Convention include:

1. Scope: The convention applies to children under the age of 16 who are wrongfully removed or retained from their country of habitual residence.

2. Central Authorities: Each signatory country designates a Central Authority, which acts as a liaison between countries for matters related to child abduction. Central Authorities facilitate communication and cooperation between countries involved in abduction cases.

3. Prompt Return: The primary objective of the convention is to ensure the prompt return of abducted children to their country of habitual residence. The convention aims to protect children from the harmful effects of abduction by a parent or guardian.

4. Exceptions: The convention provides limited exceptions for not returning a child, such as situations where there is a grave risk that the child's return would expose them to physical or psychological harm or place them in an intolerable situation.

5. Rights of Access: The convention also upholds the rights of access of the left-behind parent. If the child is returned, the custodial parent is not automatically given custody but must resolve custody disputes in the appropriate jurisdiction.

6. Procedures: The convention outlines the legal procedures and guidelines for the prompt return of abducted children, ensuring a standardized and efficient process.

The Hague Abduction Convention is widely recognized and ratified by numerous countries around the world. When a child is abducted to or from a member country, the convention provides a legal framework for the return of the child to their country of habitual residence. It promotes international cooperation and ensures that custody disputes are resolved in the appropriate jurisdiction, preventing "forum shopping," where a parent tries to file custody cases in a jurisdiction favorable to their position.

It's important to note that the specific implementation and procedures related to the convention may vary from country to country, as individual legal systems incorporate the convention's principles into their domestic laws.

Thoughts

One of the advantages (and frustrations) of being a barrister is that you get to look at a case through fresh eyes. You can when reading court papers, and for me this relates to private law children's cases, see where the court process has gone so horribly wrong. Where from an initial court application days have become weeks and indeed years. Where a misstep (not necessarily intentional) has brought about a situation where a child has been unable to see a parent for years. The court is then often focussing on delay (brought about by the inadequacy of the court process, exacerbated by the Pandemic) and the conflict of whether it's in the child's interest to actually attempt to rebuild the relationship with the child (after such a period of no contact). That this itself may in the short term be too harmful for the child. I know what the case law says about the importance of both parents. It's very clear and correct. Yet still too many children aren't having relationships with one parent (where it is safe to do so) through no fault of their own. Be it the delay in the court process, a short term view of emotional harm or the lack of legal representation. I fear we are creating many, many issues for our future.

Why get representation?

Obtaining representation for a family court case can be highly beneficial for several reasons:

1. Legal Knowledge and Expertise: Family law can be complex and nuanced, with specific rules and procedures that may be unfamiliar to individuals without legal training. Having a family barrister or solicitor by your side ensures that you have someone with the necessary knowledge and expertise to navigate the legal system effectively.

2. Objective Advice and Guidance: Emotions can run high in family court cases, making it challenging to think objectively and make sound decisions. An attorney can provide impartial advice, guide you through the process, and help you make informed choices based on the law and your best interests.

3. Case Strategy and Preparation: An experienced family barrister can develop a solid case strategy tailored to your specific situation. They can analyze the facts, gather evidence, interview witnesses, and prepare legal documents to present your case in the most compelling manner possible.

4. Negotiation and Mediation: Many family court cases involve negotiation and attempts at reaching settlements outside of court. A barrister can advocate for your interests, negotiate on your behalf, and help you explore alternative dispute resolution methods such as mediation, with the goal of reaching a fair and mutually acceptable resolution.

5. Courtroom Representation: If your case goes to trial, having legal representation is crucial. An attorney can present your case to the court, cross-examine witnesses, and argue your position effectively. They understand courtroom procedures and can handle the complexities of presenting evidence and making legal arguments.

6. Emotional Support: Going through a family court case can be emotionally taxing. Having an attorney by your side provides a source of support and reassurance during a challenging and potentially stressful process.

It's important to note that family court cases can have significant long-term consequences, particularly in matters such as child custody, visitation, and division of assets. Therefore, having qualified legal representation can help protect your rights and ensure the best possible outcome for you and your family.

While legal representation is not mandatory in family court proceedings, it is highly recommended, especially in complex or contested cases. It's advisable to consult with a qualified family barrister or solicitor to assess your specific circumstances and determine the best course of action.

What is a part 25 application?

In children cases, a Part 25 application for an expert refers to an application made under Part 25 of the Family Procedure Rules in England and Wales to seek permission from the court to instruct an expert to provide an opinion or assessment on specific issues related to the welfare of the child.

When there are complex or disputed matters regarding the welfare of a child in family proceedings, the court may consider it necessary to obtain expert evidence to assist in making informed decisions. The Part 25 application for an expert allows a party to request the court's permission to instruct a qualified professional with expertise in a specific field relevant to the case.

Examples of experts commonly instructed in children cases include:

1. Child psychologists or psychiatrists: These experts can assess a child's emotional well-being, developmental needs, or mental health issues.

2. Independent social workers: They can conduct assessments of parenting abilities, home environments, or suitability for contact arrangements.

3. Substance abuse specialists: In cases involving substance misuse, experts can provide assessments and recommendations regarding the impact on the child and the necessary support or interventions.

4. Educational specialists: They can evaluate a child's educational needs, potential special educational needs, or the appropriateness of a particular educational setting.

5. Medical experts: In cases involving medical conditions or issues, experts in relevant medical fields can provide assessments, diagnoses, and treatment recommendations.

To make a Part 25 application for an expert, the applicant must complete the appropriate application form, provide a detailed statement outlining the reasons for seeking expert evidence, and specify the area of expertise required. The court will consider the application, including factors such as the necessity, relevance, and proportionality of the proposed expert evidence, and make a decision on whether to grant permission to instruct the expert.

It's important to note that family law procedures and terminology can vary across jurisdictions. Therefore, it is advisable to consult with a qualified family law attorney or seek appropriate legal advice specific to your jurisdiction for accurate information and guidance regarding Part 25 applications for experts in children cases.

What is attachment disorder?

Attachment disorder refers to a complex psychiatric condition that arises from disrupted or inadequate attachment experiences during early childhood. It occurs when a child's basic emotional and physical needs for nurturing, stability, and consistent care are not adequately met, leading to significant difficulties in forming secure and healthy relationships later in life.

Attachment disorders can manifest in different ways and are typically classified into two main types:

1. Reactive Attachment Disorder (RAD): RAD occurs when a child fails to establish healthy attachments due to severe neglect, abuse, or multiple caregiver changes during the early years of life. Some common symptoms of RAD include:

   • Withdrawn behavior and avoidance of social interaction

   • Lack of responsiveness to others' attempts to provide comfort or care

   • Persistent anger, irritability, or emotional outbursts

   • Difficulty forming and maintaining relationships

   • Impaired ability to trust others

   • Disregard for social boundaries and norms

2. Disinhibited Social Engagement Disorder (DSED): DSED is characterized by indiscriminate or excessive attachment behaviors, where a child displays an absence of appropriate selective attachments. Symptoms of DSED may include:

   • Overly familiar or intrusive behavior toward strangers

   • Lack of hesitation or caution in approaching unfamiliar adults

   • Difficulty establishing and maintaining appropriate boundaries

   • Superficial charm and attention-seeking behavior

   • Impaired ability to form deep and meaningful relationships

   • Lack of discernment in evaluating potential dangers or risks in social situations

It's important to note that the diagnosis and treatment of attachment disorders should be conducted by qualified mental health professionals, such as psychologists or psychiatrists, who specialize in child and adolescent mental health. Early intervention and appropriate therapeutic interventions can help support the child's emotional well-being, promote healthy attachment relationships, and mitigate the long-term effects of attachment disorders.

What is a court order?

A court order is a legally binding directive or ruling issued by a court that requires individuals or entities to take specific actions or refrain from certain behaviors. It is an official decision made by a judge or judicial officer and carries the force of law.

Court orders are issued in various types of legal proceedings, including family law cases, civil litigation, criminal cases, and administrative matters. They serve to establish rights, obligations, or restrictions on the parties involved and are enforceable through the legal system.

Some common examples of court orders include:

1. Child Arrangement and Contact Orders: These orders determine the custody arrangement and visitation schedule for children in family law cases, outlining which parent has physical and legal custody and specifying the times and conditions under which the non-custodial parent can spend time with the child.

2. Non-Molestation Orders: These orders require an individual to refrain from certain behaviours, such as contacting or approaching another person, to protect the safety and well-being of the protected party.

3. Injunctions: In civil cases, injunctions are court orders that prohibit or require a party to take specific actions. They can be temporary (interim injunctions) or permanent, and they aim to prevent harm or maintain the status quo until a final determination is made.

4. Financial Orders: In family law cases, financial orders determine matters such as spousal support, child support, and the division of assets and liabilities. These orders establish the financial obligations and responsibilities of the parties involved.

5. Judgments: Judgments are court orders that declare the final decision or outcome of a legal dispute. They determine the rights and obligations of the parties involved and can include monetary awards or other remedies.

It's important to comply with court orders as they carry legal consequences, and failure to do so may result in penalties or enforcement actions. If there are concerns or issues related to a court order, it is advisable to consult with an attorney who can provide guidance and assist in addressing the matter within the legal framework.

What is attachment to a child?

Attachment to a child refers to the emotional bond or connection that develops between a child and their primary caregiver(s). It is a fundamental aspect of a child's social and emotional development and plays a crucial role in shaping their sense of security, self-esteem, and ability to form healthy relationships throughout their lives.

The concept of attachment was first introduced by psychologist John Bowlby, who emphasized the importance of a secure attachment relationship for a child's overall well-being. The quality of attachment is primarily influenced by the caregiver's responsiveness, sensitivity, and availability to meet the child's needs for comfort, protection, and emotional support.

There are different types of attachment styles that can develop between a child and their caregiver:

1. Secure attachment: In a secure attachment, the child feels confident and secure in their caregiver's presence. The caregiver is responsive, attentive, and consistently meets the child's emotional and physical needs, creating a sense of trust and safety.

2. Insecure-avoidant attachment: In this attachment style, the child may appear emotionally distant or dismissive. The caregiver may be unresponsive or consistently uninvolved, leading the child to develop a sense of self-reliance and minimize their emotional needs.

3. Insecure-resistant/ambivalent attachment: Children with this attachment style often display clingy or anxious behavior. The caregiver may be inconsistent in meeting the child's needs, leading to a sense of uncertainty and difficulty self-soothing.

4. Disorganized attachment: This attachment style is characterized by a lack of consistent patterns of behavior. The caregiver may be unpredictable or exhibit frightening or abusive behaviors, leading to confusion and fear in the child.

A secure attachment provides a foundation for healthy emotional development, resilience, and the ability to explore the world confidently. It contributes to the child's overall well-being, social competence, and the formation of secure relationships later in life. However, it's important to note that attachment is a dynamic process, and the quality of attachment can be influenced by various factors, including the child's temperament, life experiences, and the quality of relationships with other caregivers or significant individuals in their life.

What is emotional harm to a child?

Emotional harm to a child refers to the detrimental impact on a child's emotional well-being and psychological development caused by certain behaviors, actions, or circumstances. It encompasses various forms of emotional abuse, neglect, or trauma that can have long-lasting effects on a child's mental health.

Examples of emotional harm to a child may include:

1. Verbal or emotional abuse: This involves repeatedly subjecting a child to harsh criticism, insults, humiliation, threats, or constant belittlement, which can undermine their self-esteem and emotional stability.

2. Rejection or neglect: When a child's emotional needs, such as love, attention, or affection, are consistently unmet or ignored by their caregivers, it can lead to feelings of worthlessness, abandonment, and emotional distress.

3. Exposure to domestic violence: Witnessing or being exposed to ongoing conflicts, violence, or abusive behavior between caregivers or family members can deeply affect a child's emotional well-being, causing fear, anxiety, and a distorted understanding of healthy relationships.

4. Chronic instability or unpredictability: When a child experiences an inconsistent or unpredictable home environment, such as frequent changes in caregivers, living arrangements, or routines, it can result in emotional instability, insecurity, and difficulties forming stable attachments.

5. Emotional manipulation or gaslighting: Manipulative tactics, such as distorting reality, denying a child's experiences or emotions, or placing blame on the child for the caregiver's behavior, can lead to confusion, self-doubt, and a distorted sense of reality.

6. Isolation or social deprivation: Keeping a child isolated from social interactions, friendships, or appropriate age-related activities can hinder their social and emotional development, leading to feelings of loneliness, low self-worth, and impaired social skills.

It is important to note that emotional harm can have significant and long-lasting effects on a child's overall well-being and can impact their mental health, self-esteem, relationships, and future functioning. Recognizing and addressing emotional harm is crucial to ensuring the child's safety, promoting their emotional recovery, and providing them with a nurturing and supportive environment.

What is parental alienation?

Parental alienation refers to a situation in which one parent, either intentionally or unintentionally, manipulates or influences a child to turn against the other parent. It typically occurs within the context of high-conflict custody or divorce cases. Parental alienation involves psychological manipulation, and it can negatively impact the child's relationship with the targeted parent.

Signs and behaviors associated with parental alienation may include:

1. Negative or derogatory comments about the targeted parent made by the alienating parent in the presence of the child.

2. Limiting or denying contact between the child and the targeted parent, often without valid reasons or based on false allegations.

3. Undermining or belittling the targeted parent's role in the child's life.

4. Encouraging the child to take sides or align with the alienating parent against the targeted parent.

5. Interfering with communication or visitation arrangements between the child and the targeted parent.

6. Creating a hostile or emotionally harmful environment for the child when they express positive feelings or desires to spend time with the targeted parent.

Parental alienation can have significant negative effects on the child's emotional well-being and the parent-child relationship. It is important to address parental alienation through legal channels and, if necessary, involve professionals such as mediators, therapists, or child custody evaluators to help mitigate its impact and protect the child's best interests. Laws and interventions related to parental alienation may vary in different jurisdictions.

How do I instruct a direct access barrister?

Firstly Jason Hadden MBE is a direct access barrister.

Instructing a direct access barrister involves engaging a barrister directly without the need for a solicitor. Here's a general guide on how to instruct a direct access barrister:

1. Identify your legal needs: Determine the specific legal issue you require assistance with, such as a court representation, legal advice, or drafting legal documents.

2. Research and shortlist barristers: Conduct thorough research to find barristers who specialize in the relevant area of law. Look for barristers who offer direct access services and have experience in handling cases similar to yours. Bar associations or legal directories can be helpful resources for finding suitable barristers.

3. Check qualifications and expertise: Review the qualifications, experience, and expertise of the shortlisted barristers. Consider factors such as their track record, reputation, and any additional credentials that may be relevant to your case.

4. Contact the barrister: Reach out to the barristers you have shortlisted. This can be done through their chambers, websites, or contact information available online. Provide them with an overview of your legal matter, the assistance you require, and any relevant details.

5. Discuss fees and terms: Inquire about the barrister's fees and discuss their terms of engagement. Direct access barristers usually charge fees based on an agreed hourly rate, fixed fee, or other arrangements. Ensure you have a clear understanding of the cost structure and any additional expenses that may be involved.

6. Agree on the scope of work: Clarify the scope of work the barrister will undertake on your behalf. This may involve court representation, legal advice, drafting legal documents, or other legal services. Discuss timelines and any specific requirements related to your case.

7. Provide necessary documents and information: Supply the barrister with all relevant documents, evidence, and information pertaining to your case. Ensure you provide a comprehensive overview to assist the barrister in understanding the matter fully.

8. Maintain regular communication: Keep open lines of communication with the barrister throughout the process. Be responsive to any queries or requests for further information that they may have.

It's important to note that this is a general guide, and the specific process and requirements may vary depending on the jurisdiction and the practices of individual barristers. It's advisable to consult with the barrister directly to understand their specific instructions and requirements for engagement.

What role does a district judge play in Children Act cases in uk

District Judges also play an important role in Children Act cases in the UK. The Children Act 1989 establishes the Family Court as the primary court for handling cases involving children, and district judges are a type of judge who preside over cases in this court.

District judges in Children Act cases have a number of responsibilities and powers, including:

1. Case management: District judges are responsible for managing cases and ensuring they proceed in an efficient and timely manner. They may set timetables for the submission of evidence and the holding of hearings.

2. Fact-finding hearings: District judges may preside over fact-finding hearings, where the court hears evidence to determine the facts of a case.

3. Final hearings: District judges may preside over final hearings, where a final decision is made in the case, such as whether a child should be placed in the care of the local authority, or whether contact arrangements should be made between a child and their parents.

4. Orders: District judges have the power to make a range of orders under the Children Act, such as care orders, supervision orders, and child arrangements orders. These orders set out arrangements for the care and welfare of the child.

5. Interim orders: District judges also have the power to make interim orders, such as emergency protection orders or interim care orders, to protect a child from harm until a full hearing can take place.

Overall, District Judges play a crucial role in Children Act cases in the UK by ensuring that cases are managed effectively and decisions are made in the best interests of the child.

What is forced marriage

Forced marriage is a form of violence and abuse that occurs when one or both parties in a marriage do not consent to the union and are forced into it against their will. Forced marriage is a serious human rights violation that can have devastating consequences for the individuals involved.

In the UK, forced marriage is illegal and is recognised as a criminal offense under the Anti-Social Behaviour, Crime and Policing Act 2014. The Forced Marriage (Civil Protection) Act 2007 also provides legal protections for victims of forced marriage, including the ability to obtain a court order to prevent a forced marriage from taking place.

Despite these legal protections, forced marriage remains a significant issue in the UK, particularly within certain communities. Victims of forced marriage may experience physical, emotional, and psychological abuse, and may be at risk of honour-based violence or even murder if they attempt to leave the marriage.

The UK government has taken steps to address forced marriage and raise awareness of the issue. This includes the creation of the Forced Marriage Unit, a joint initiative between the Home Office and the Foreign and Commonwealth Office that provides support and guidance to victims of forced marriage and their families.

The UK has also implemented a number of measures to prevent forced marriage from occurring, including educational programs in schools and community outreach initiatives. These efforts aim to increase awareness of the issue and empower individuals to recognize the signs of forced marriage and seek help.

It is important to recognise that forced marriage is a serious violation of human rights that has no place in any society. The UK must continue to work to prevent and address forced marriage, ensuring that victims receive the support and protection they need to escape abusive situations and rebuild their lives.

What role do Magistrates play in children act proceedings?

Magistrates play an important role in Children Act proceedings in the United Kingdom. The Children Act 1989 sets out the legal framework for the protection and welfare of children, and it establishes the Family Court as the primary court for handling cases involving children.

Magistrates, who are lay people appointed by the Lord Chancellor to sit as judges in the Family Court, have jurisdiction to hear a wide range of children-related cases, including:

1. Care proceedings: where the local authority applies for an order to take a child into care because of concerns for their safety or welfare.

2. Spend time and live with orders : where parents or other family members are in dispute over where a child should live or how much contact they should have with one another.

3. Adoption: where an application is made to adopt a child.

Magistrates in these cases will hear usually evidence from all parties involved, including social workers, family members, and other professionals, and they will make a decision based on what is in the best interests of the child.

Magistrates also have the power to make interim orders, such as emergency protection orders or interim care orders, to protect a child from harm until a full hearing can take place. They may also impose conditions or requirements on parties involved in a case, such as parents, to ensure the child's welfare is safeguarded.

Overall, magistrates play a crucial role in Children Act proceedings by ensuring that the welfare of the child is at the forefront of any decision-making process.

How does Cafcass define parental alienation

I get asked a lot about parental alienation. It often comes up in private law cases involving children. Whilst I do not think that this is a definitive definition by any stretch of the imagination - it is often helpful to actually just look and see what Cafcass themselves say:

“While there is no single definition, Cafcass uses the term alienating behaviours to describe circumstances where there is an ongoing pattern of negative attitudes, beliefs and behaviours of one parent (or carer) that have the potential or expressed intent to undermine or obstruct the child’s relationship with the other parent. It is one of a number of reasons why a child may reject or resist spending time with one parent post-separation.

Alienating behaviours present themselves on a spectrum with varying impact on individual children, which requires a nuanced and holistic assessment. Our role is to understand each child’s unique experiences, the potential contribution of these behaviours, and how they may be mediated by other factors such as the child’s resilience and vulnerability, other aspects of the co-parenting relationship, or the quality of parenting by each individual parent/carer.

Both men and women can demonstrate alienating behaviours. While alienating behaviours can be demonstrated solely by one parent, it is often a combination of child and adult behaviours and attitudes, with both parents playing a role, that lead to the child rejecting or resisting spending time with one parent. The role of new partners/ step-parents also needs to be taken into consideration. These behaviours and indicators can include: negative attitudes, behaviours and beliefs that denigrate, demean, vilify, malign, ridicule or dismiss the child’s other parent. It includes conveying false beliefs or stories to, and withholding positive information from, the child about the other parent together with the relative absence of observable positive attitudes and behaviours (Johnston and Sullivan, 2020).

They can also include spurning, terrorising, isolating, corrupting or exploiting, and not responding appropriately to the child’s emotional needs. These tactics can foster a false belief that the parent who has been subject to the alienating behaviour is dangerous or unworthy. Children may adapt their own behaviours and feelings to the alienating parent to ensure that their attachment needs are met (Baker, 2010).

Even in the most extreme cases where a child is subject to alienating behaviours, the child may hold strong views of their own in addition to those they may have been coached to believe. The rationale as to why a child holds specific views will be explored in our assessments. Where a child is subject to alienating behaviours, it may be in their interests for the authority of the court to be used to work towards restoring the relationship, although we are aware of how difficult this can be. The court must carefully balance its decisions to ensure that both children and adults are kept safe and ensure that children are able to maintain relationships with both parents where this is safe and in the child’s best interests.”

I appreciate that it is not always the case that an individual officer for the purpose of a s.7 report always gos through this definition; but it is a helpful starting point. If your case involves parental alienation, or you think it does; or indeed, if you have been accused of it then it is always a good idea to take advice in a Conference with me.