Custody cases: Parents and social workers facing fines threat in bid to to cut delays

By
Jack Doyle

17:08 EST, 31 July 2012

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17:13 EST, 31 July 2012

Thousands of children are left in limbo every year as custody battles drag on in the courts

Parents and social workers who cause delays in child custody cases could be forced to pay thousands of pounds in costs as part of efforts to speed up the family courts.

The use of expert witnesses will also be slashed in an effort to end the scandal of thousands of children being left in limbo in the courts for months on end.

In the aftermath of the death of Baby Peter the courts have seen a surge in the number of cases of children taken into care. In 2008 the total was 20,000 and by last year it rose to nearly 30,000.

As a result, the average case takes more than a year to resolve, and some as long as 18 months.

The Lord Chief Justice, Lord Judge, said that as a result young children were facing ‘unacceptable delays’ amounting to a substantial proportion of their lives.

A review by Lord Justice Ryder, published yesterday, proposes a series of measures aimed at speeding up the process. He said expert evidence, mostly from social workers and psychologists was ‘misused and overused’.

Often it confirmed to the court what it already knew, he said, adding: ‘That’s what’s got to stop because that’s time consuming, that’s expensive and ultimately it’s at the expense of the child.’

The creation of a unified family court will also see judges taking a tighter rein on cases and leading the questioning instead of allowing warring parents to quiz each other.

In the care system, the creation of new cost orders – used like fines – are aimed at dettering councils, parents and other parties from failing to be ready for hearings.

‘Too many case management orders are not complied with and there is a need for effective sanctions including in the rare case, fixed cost orders for non-compliance,’ the judge said. He said it was ‘rare’ that parents caused the delay.

Cost orders will be available in care cases but not private custody cases in which separated parents argue over who looks after their children.

Leaving judges to ask questions will speed up the process because separating parents were not very good at questioning each other in the ‘heat of emotion in a breakdown of your relationship’ he said.

Lord Judge said custody cases could lead to ‘the most dreadful consequences in terms of bitterness’ for parents and be disruptive to the lives of their children.

The case of Baby Peter in 2007 has caused a huge rise in children taken into care

In future, judges would cease to be ‘passive arbiters’ in such cases and would actively manage the cases to ensure they are resolved swiftly. More than 600 judges will be given new training as part of the new system.

‘These are, as you can imagine, very sensitive, difficult and anxious cases, and the decisions made in them will often change the course of the life of a child or children,’ he said.

He added: ‘The huge pressure on the family justice system led to unacceptably long delays. For a child, any delay represents a substantial proportion of its life.

‘It is not acceptable. The increased work highlighted the need to overhaul and modernise the way family justice operates.’

In future, such cases should not take more than 26 weeks on average. At the start of last year the average was 57 weeks.

A spokesman for the Ministry of Justice said: ‘This report sets out the judiciary’s role in implementing key reforms – such as the single family court – to the benefit of the families and children who will need to use the system in the future.

‘The Government’s reforms are ambitious and we are committed to overhauling the system by tackling delays, streamlining processes and supporting families to resolve their own disputes.’

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It may be that getting rid of, or reducing, expert reports will actually help parents in “public law” child care cases. It will mean that Local Authority social workers will not be able to rely on a yet to be obtained, paid for by the LA, expert report, ie will have to have their “story” worked out and available at the start of the proceedings. Judge asks LA social worker :- Why do you want this child in care/adopted. LA sw :- Because I think the child is LIKELY to suffer SIGNIFICANT HARM if left with the parent(s). Judge :- Why is that? LA sw :- I don’t know. I’ll have to ask an “expert” we regularly “employ”. Judge :- You haven’t got time. Bleep off.

what a joke.
i have been in court for 8 years and over 25 appearences!!! yes that is correct. I had another hearing today that went no where and the judge didnt even read the CAFCASS reports.
when mothers get away with making constant false accusations,not following court orders and judges that ignore CAFCASS and Social Services recomendations the system just shows how broken it is.
This wont make slightest bit of difference.

What we need is giant fish to slap both parents until they stop being so selfish and do what’s right for their kids. Good parents don’t need a court or social worker to tell them how to keep their kids happy.

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