[Solved] Hi, new and in desperate need of advice. Please?!?

there is also the argument about delay this is from the 1989 childrens act. it may be an argument that further referral to miam will be an unnecessary delay an harmful to the child. Please be sure to point out that the childs situation has changed and this will be causing unnecessary stress due to lack of contact and that is covered in another welfare point that is the change to circumstances. see welfare checklist.

Child-centred welfare principles
1.9 Section 1 sets out the overarching welfare principles to be applied in all
proceedings under the Act.
1.10 In deciding any question about a child’s upbringing and the administration of
his property, the court must treat the welfare of the child as its paramount
consideration. This applies as much to disputes between parents as it does to care
proceedings and emergency protection proceedings.
1.11 The Act makes it clear that any delay in court proceedings is generally
harmful to children, not only because of the uncertainty it creates for them but also
because of the harm it may cause to the future parenting of the child. Progress of a
case is controlled by the court (rather than by the parties) through active case
management, in accordance with court rules and guidance to the judiciary issued by
the President of the Family Division. Parties must ensure that they comply with any
directions made by the court to ensure the progression of cases and should expect to
be answerable to the court if its directions are not followed.

Definition of DV

http://www.familylawweek.co.uk/site.aspx?i=ed100745

Regards,

Dave

there is also the argument about delay this is from the 1989 childrens act. it may be an argument that further referral to miam will be an unnecessary delay an harmful to the child. Please be sure to point out that the childs situation has changed and this will be causing unnecessary stress due to lack of contact and that is covered in another welfare point that is the change to circumstances. see welfare checklist.

Child-centred welfare principles
1.9 Section 1 sets out the overarching welfare principles to be applied in all
proceedings under the Act.
1.10 In deciding any question about a child’s upbringing and the administration of
his property, the court must treat the welfare of the child as its paramount
consideration. This applies as much to disputes between parents as it does to care
proceedings and emergency protection proceedings.
1.11 The Act makes it clear that any delay in court proceedings is generally
harmful to children, not only because of the uncertainty it creates for them but also
because of the harm it may cause to the future parenting of the child. Progress of a
case is controlled by the court (rather than by the parties) through active case
management, in accordance with court rules and guidance to the judiciary issued by
the President of the Family Division. Parties must ensure that they comply with any
directions made by the court to ensure the progression of cases and should expect to
be answerable to the court if its directions are not followed.

The Children Act further provides that whenever a court is considering whether to make an order or not, it shall not make the order or any of the orders, unless it considers that doing so would be better for the child than making no order at all. Therefore, the court must be assured that there will actually be a benefit to the child if the order was made. This is also commonly referred to as the no order principle.

Further, important consideration of great relevance when dealing with issues involving children, is the time factor. There is a general attitude in family law that issues should be resolved as soon as possible and an even greater urgency could be seen when children are involved.

The reason behind it, is that the more time the child spends in a particular home whilst waiting for the outcome of the proceedings, the more unlikely it is for him to be moved from that home. This is in light of the considerable distress involved with changing residence for a person of young age if they have already settled down in one place. Therefore, it is commonly seen that delay is prejudicial

oh and of course u need to know Section 1 of The Children Act 1989

Section 1 of the Children Act 1989 says this:

"When a court determines any question with respect to … the upbringing of a child … the child’s welfare shall be the court’s paramount consideration."

The Children Act goes on to define what is meant by the child's welfare. It is often referred to as "The Welfare Checklist" and if you go to Court you may hear the lawyers or the judge talking about this very frequently.

The Welfare Checklist

The Children Act sets out what the Court must pay particular attention to when considering a child's welfare. Those things are:

(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
(b) his physical, emotional and educational needs;
(c) the likely effect on him of any change in his circumstances;
(d) his age, [censored], background and any characteristics of his which the court considers relevant;
(e) any harm which he has suffered or is at risk of suffering;
(f) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
(g) the range of powers available to the court under this Act in the proceedings in question.

What does this mean?

The most important thing to understand is that it means that the Court is not there to do what either parent wants, but to decide what it thinks is best for the child. It will listen to what each parent has to say but will not necessarily agree with one or other parent.

It is useful to know this. When you are thinking about going to Court it is helpful to think about why what you would like to happen is best for the child, not best for you. I meet many parents who talk about their 'rights'. Generally speaking a parent who goes to Court talking about their rights as opposed to what is best for the child is not approaching the matter in a way that the Court will think about it and can come across, whether they mean to or not, as someone who is thinking more of themselves than the child concerned.

It is correct to say that parents do have 'rights' but where those conflict with what is best for a child then the child's welfare wins! It is helpful to get into the habit of talking about things from the point of view of the child and not you, the adult.

So, when a Court decided which adults a child should spend time with (access or contact) or with whom a child should live (custody or residence) it will make those decisions by considering the Welfare Checklist, it is helpful to keep in mind that everything that is described about Family Law and children ultimately comes back to this one thing - the child's welfare is paramount.

When preparing statements or thinking about what to say to the Court it is helpful to look at the Welfare Checklist and think about each part. If you can say how what you want to happen fits with what is best for the child in each heading, then you have a good structure for what you want to say.

Law Commission No 207, Family Law, Domestic Violence and Occupation of the Family Home HMSO, 1992 para 2.3. Domestic violence is defined more widely than physical abuse. It includes ‘any form of physical, sexual or psychological molestation or harassment which has a serious detrimental effect on the health and well-being of the victim’.

new criminal law also has usefull definitions of harm and dv if required