NCJ Number
130752
Journal
Lay Panel Magazine Volume: 25 Dated: (April 1991) Pages: 6-9
Date Published
1991
Length
4 pages
Annotation
After reviewing the concepts of The Children Act 1989 (England and Wales), this article reviews its provisions for private proceedings, public law, local authorities, and court rules.
Abstract
Concepts emphasized in the Children Act 1989 are parental responsibility for constructive raising of children, the child's welfare in all proceedings, nonintervention except where it is clear the child's welfare requires a court order, the availability of the full range of court orders in all proceedings at all tiers, and reduction in court delay. In private proceedings the Children Act is designed to balance recognition of the child as an independent person and the risk of imposing on the child the burden of resolving parental problems. The act eliminates the old divisive terminology of custody and access, which focused on parents' legal rights rather than their responsibilities to the child. In public law proceedings the Children Act balances the effective protection of children and unwarranted interference in family life. The act requires local authorities to so manage cases as to reduce delay. Provisions bearing upon court rules promote a nonadversarial style in court proceedings and provide for the nomination of a specialist judiciary to manage family proceedings panels.