Guide to the assessment of the needs of children whose parents become involved in private law proceedings following separation

Author: Brian Cantwell, freelance consultant for CAFCASS. BIOG

Publication Date: 17 March 2009

Quick links:
Introduction: Parental conflict is the distinctive assessment issue in private law
Historical reasons for the lack of assessment frameworks in the field of separation and divorce
Developing the assessment framework to identify the needs of children subject to private law court proceedings
Health
Education
Emotional and behavioural development
Dimension of identity
Family and social relationships
Social presentation
Care skills
Basic care
Safety
Emotional warmth
Stimulation
Guidance and boundaries
Stability
Family history and functioning
References

Introduction: Parental conflict is the distinctive assessment issue in private law
“Private Law” differs from public law proceedings in a number of ways, most notably the fact that the proceedings are always set in motion by the parents or family members themselves, usually following parental separation.  The typical scenario is that separated parents are unable to agree contact arrangements or where their children should reside; consequently, one parent initiates legal proceedings, usually applying for a court order under section 8 of the Children Act 1989 in favour of their proposals for the child.

Parental separation is believed to apply to up to one third of all children during their childhood; current divorce rates in the UK stand at around 150,000 per annum.