COURT PROBLEMS IN THE MANAGEMENT OF THE FAMILY (FROM CHALLENGE OF CHILD ABUSE, 1977, BY ALFRED WHITE ALFRED WHITE FRANKLIN - SEE NCJ-57643)

• NCJ Number: 57656
• Author(s): M BOOTH
• Date Published: 1977
• Length: 8 pages
• Corporate Author: Academic Press Ltd
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

THE ARGUMENT IS ADVANCED THAT ALL BRITISH PROFESSIONALS RESPONSIBLE FOR THE WELFARE OF CHILDREN SHOULD UNDERSTAND THE COURT SYSTEM AND HOW IT CAN BE USED TO ACHIEVE JUSTICE.

Abstract

THE MULTIPLICITY OF STATUTES AND DIVERSITY OF COURTS PRODUCE OBVIOUS PROBLEMS FOR SUCH PROFESSIONALS AS DOCTORS, SOCIAL WORKERS, WELFARE OFFICERS, OR LAWYERS ATTEMPTING TO USE THE COURT SYSTEM TO PROMOTE THE CHILD'S WELFARE AND TO ENSURE THAT THE PARTIES IN THE DISPUTE ARE DEALT WITH JUSTLY. IN FACT, FEW LAWYERS CAN PROFESS TO HAVE A WORKING KNOWLEDGE OF ALL THE RELEVANT LEGISLATION: THE CHILDREN ACTS OF 1948 AND 1958, THE CHILDREN AND YOUNG PERSONS ACTS OF 1933, 1963, AND 1969, AND THE ADOPTION ACTS OF 1958, 1960, 1964, AND 1968. WHILE SEVERAL COURTS CAN BECOME INVOLVED IN CHILD ABUSE CASES, THE JUVENILE COURTS HAVE ASSUMED PRIMARY RESPONSIBILITY UNDER THE CHILDREN AND YOUNG PERSONS ACT OF 1969. A JUVENILE COURT IS A SPECIALLY CONSTITUTED COURT WITH A LEGALLY QUALIFIED CLERK BUT OTHERWISE COMPOSED OF LAYMEN AND WOMEN WITH VARYING DEGREES OF EXPERTISE. THESE COURTS ARE NOT WELL EQUIPPED TO DEAL WITH COMPLEX CASES REQUIRING FORENSIC INVESTIGATION. THE NEEDS OF CHILDREN TO HAVE SEPARATE COURT REPRESENTATION IS BEING PARTIALLY ADDRESSED BY SUCH ACTS AS THE CHILDREN ACT OF 1975. WHILE JUVENILE COURTS MAY REQUIRE A WELFARE WORKER TO PREPARE A REPORT ON AN ABUSIVE FAMILY, THE REPORT CANNOT RECOMMEND SPECIFIC ACTIONS IN THE CHILDREN'S BEHALF. IN HIGH COURT CASES, IT IS POSSIBLE TO APPOINT AN OFFICIAL SOLICITOR WHOSE INTERVENTION ENSURES AN INDEPENDENT INVESTIGATION OF THE FACTS AND ALSO ENSURES THAT CHILDREN'S BEST INTERESTS WILL BE REPRESENTED BEFORE THE COURT. THE ROLE OF THE HIGH COURT IN WARDSHIP CASES IS AN EXAMPLE OF THE WAY IN WHICH THE SYSTEM CAN BE USED TO PROTECT CHILDREN IN A TIMELY FASHION. A CHILD CAN BE PLACED UNDER THE PROTECTION OF THE COURT AS A RESULT OF A SUMMONS INITIATED BY ANY INTERESTED PERSON. THIS ROLE IS ILLUSTRATED IN THE CULLIMORE CHILD ABUSE CASE. (KCP).