|
Family Solicitor Trethowans looks at the court process for vulnerable children. Barnado’s, the children’s charity, has published research which indicates that it can take the family courts up to a year to rule on applications about vulnerable children. Yvette Rooke, family law partner and Chambers-rated leading lawyer at Trethowans Solicitors comments: “In 2008, Mr Justice Coleridge, a family law judge, warned that the family court system was in meltdown as a result of family breakdown in society generally, and said that within 20 years, the effects of this would be "as marked as global warming". He spoke from a position of experience, as a judge called upon to rule in cases involving fragmented families and traumatised children. His prediction was accurate. A toxic mix of social problems, an underfunded court system and cutbacks to legal aid applies to this area of law. Social workers face an increasing workload; judges often do not have enough time or the case is poorly prepared and has to be adjourned. CAFCASS, the child-law body advising the courts, has struggled to cope with the volume of care cases brought after the Baby P tragedy. Childcare specialists are driven by a sense of vocation and dedication: this is not a glamorous or well-paid area of law in which to practice and as cuts to the legal aid fund are implemented, fewer specialist lawyers will be available to help those in severe distress - principally, the children at the heart of the case. How much longer can the court system keep its head above water? The human rights of the children concerned - the right to a family life and a fair legal process - are at genuine risk, but balanced against this is the ever-present reality of economics. In the longer term, how can we afford not to fund the court system properly? Children damaged by 'the system' often go on to damage themselves and others in their lives. A requirement on other family litigants (in divorce or private child disputes) to explore alternative methods of resolving their differences might help: for example, mediation, the collaborative law process or parenting after parting classes. Solicitors already tell clients that in private disputes, court is the last resort - but should it have to come to this?” For more information contact Family Solicitor http://www.trethowans.com Ref: TEL-HS-11810
Related Articles -
Family, solicitor, law, vulnerable, children,
| 
