Amid the extensive coverage of the Post Office/Horizon scandal, we wish to shed light on another government agency which raises more potential concern, that being the recent developments regarding the Child Maintenance Service (CMS) powers currently under consultation, specifically the introduction of Accelerated Enforcement, demand attention.

Any implementation of Accelerated Enforcement Powers marks a notable shift, removing the legal certainty of due process by eliminating the necessity of a liability order before enforcement. While the intention may be to streamline processes, it raises valid concerns about potential impacts on the rights and fairness of those involved.

Drawing parallels to the recent Post Office scandal, where ‘self-investigations’ and lack of judicial oversight led to unjust prosecutions, underscores the critical need for transparency, accountability, and fair procedures in any enforcement system.

As an organization dedicated to advocating for the rights and well-being of our members, we are actively monitoring these developments. It is essential to ensure that any changes in CMS powers are implemented with due consideration for the principles of justice and legal fairness.

We encourage you to stay informed, engage in relevant discussions, and voice any concerns you may have. Your insights and experiences are invaluable in shaping a system that genuinely serves the interests of all parties involved.

We urge you to write to your MP, even if you do not currently utilize the Child Maintenance Service, and bring to their attention the potential for another scandal in the making. A draft letter is included for your convenience – as an election is approaching, now is an opportune time for them to listen to your concerns.

 Please find the letter template by clicking in the title of the article and scrolling down the main website (FNF-BPM) page.

Dear Mum and Dad, 

I understand that you don’t love each other anymore and don’t want to live together, and although it’s sad it’s better than you arguing and frightening over me all the time. This is what I want you to do. 

• I love you both and I want to see you both, but I don’t want you being nasty about each other in front of me. It makes me feel really bad …and remember I can hear you even when I’m not in the same room. 

• Please sort out who pays for what. While I am young and go to school or Uni, I won’t be able to support myself. I rely on you both. 

• Don’t make me spy on my other parent or pass on messages. Don’t interrogate me about the other parent when I come to your home. I’ll tell you about it when I want to. 

• Don’t be possessive about me or things that belong to me. I want to belong to you both. Sometimes I have to take my football kit or bike to my other parent. Please make this easy for me. 

• I understand that grown-ups plan my life, but please ask me and keep me informed about what you decide. 

• Don’t make me feel guilty about seeing my other parent. 

• Don’t ask me to choose between you. 

• Don’t make permanent decisions about me when you are in a bad mood. 

• My birthdays, holidays, school events, family events are all special to me and I may want to spend time with both of you on those days. 

• I have two sets of family. Dad’s and Mum’s extended family and I want to see them all. Just because you may not like them does not mean I don’t too. Talk to me about it. Don’t assume my feelings are yours. 

• Don’t get upset If I want to spend time with my friends. I’m growing up! 

• Remember I may not always want the same as my brother or sister. 

• Don’t ask me to lie to my other parent or professionals. 

 

I want you to feel happy for me as I grow up and learn stuff. I know you are both not perfect and make mistakes and so do I but, despite everything, I love you both to bits. Remember… if the other parent gets a new partner, I’m cool with that. It will make no difference to how much I love you. 

 

Signed 

 

Your kids 

With thanks to Family Justice Young People’s Board ( LINK )

1. I promise never to miss an opportunity to see or speak to my kids, to write, email, send small gifts, text, WhatsApp, phone, and visit. 

 

2. I will look after my own health in the knowledge that I can’t be of any use to my children if I am sick, depressed, poorly nourished, fatigued, addicted or lacking motivation or enthusiasm. 

 

3. I will maintain my positive friendship groups to keep my mind and social skills healthy. I will not associate with people who are negative or exploit me. 

 

4. I will become an expert in the things my children enjoy, be it dinosaurs, Spiderman, stamp collecting, Barbie, TIKTOK, or rap. I will encourage, at every opportunity, my children’s natural talents. 

 

5. I will practice negotiation, compromise and positivity with my work colleagues in order to make it a feature of my time with my children. 

 

6. I will put past bad relationships behind me and not seek vengeance or revenge for past actions. I will always speak well of my children’s other parent in front of my kids because I know they love them as much as I love my kids. 

 

7. If I fail to achieve these goals, I will strive to find the support to help me achieve them to the best of my ability. 

 

An explanation from David Emmerson about collaborative practice is provided here.

 

Collaborative practice (LINK) is another way of voluntarily resolving your dispute without going to court.  In common with mediation, you and the other party are the decision makers and in control of the process, but you will have your lawyer with you throughout to give you advice and guidance. 

 

Sir Andrew McFarlane, President of the Family Division, announced this project a year ago (LINK). In 2024 we are to see its fulfilment following trials in Leeds, Cardiff and Carlisle for judge-based hearings which were extended in November to cases being heard by magistrates. Evidence for the proposal was published by SCRUTINY on behalf of the Government with guidelines and explanations of how confidentiality will be maintained (LINK). 

 

How this initiative will develop is yet to be seen but the proposals allow for registered court reporters and legal bloggers to attend with the permission of the judge or magistrate presiding. It is unlikely that local courts will be flooded with observers. Much of the interest will be in high profile High Court cases but it is a small step towards transparency which we welcome. The current arrangements will only apply to public law cases. 

 

We are concerned, however, that the only people who apply for the right to report will be those with an anti-shared parenting agenda.  The answer, in our view, is that all family proceedings are public and can be reported on. With the same provisions as apply in criminal proceedings.  And that there are the same strict, enforced and effective provisions that prevent the identification of children.

 

You may be forgiven for not realising that Jan 22nd – 26th was Family Mediation Week. (LINK). An initiative of the Family Mediation Council who are sponsored by the Family Mediation Association, Our Family Wizard and a number of Family Lawyers. It’s a pity because the full week was dedicated to a range of great events for the public, professionals including social works, teachers and health workers, professionals in the family justice system including lawyers, CAFCASS and the judiciary and finally events for mediators. 

 

While there are no sanctions for refusing a mediated child care arrangement for separating couples, while one parent receives legal aid and the other doesn’t, while there are no sanctions for lying in court, while court delays destroy loving parental relationships to the perceived advantage of the resident parent and CMS arrangements provide financial incentives to keep overnight parenting arrangements to a minimum, it will be only the preferred option of the most reasonable and fair minded.

 

FNF are strongly of the opinion that a mediated settlement in family separation is an essential component of a reformed family court system but the current incentives mitigate against it for so many. 

 

Congratulations, Joel Lindop, Chair of our Abduction and International Contact group for his letter published in The Times newspaper.  

 

This was in the wake of the ‘Alex Batty’ case, the boy who was abducted by his mother and grandfather to Spain and then France. They were untraced for six years. He escaped and returned a few weeks ago.  

 

Joel pointed out that there are more than 500 known cases (and probably in fact many more) and more attention needs to be paid to them.  

 

An honour for one of our patrons, Erin Pizzey.

 

Congratulations and our pleasure at the award of a CBE. In the complex hierarchy, one step down from a knighthood. 

 

Far, far below what we think she should be entitled to. A Nobel Prize perhaps.  

 

 She started the first women’s refuge in Chiswick, London in 1971 and it became a world-wide movement. For her, then and still, protecting adults and children from domestic violence and abuse was a human rights issue affecting both women and men. When her movement was taken over by people who considered it only affected women, (or it only mattered if the victims were female), she was expelled, vilified and persecuted. She has been portrayed as a ‘Men’s Rights’ campaigner. Not so and neither of course are we. Decisions, especially about child welfare, should be based on the parenting qualities of individuals, not based on XX good XY bad. 

 

Please look at her Wikipedia entry (LINK) and Erin in her own words (LINK) 

 

FNF is delighted at her honour. And are honoured to have her associated with us. The award has attracted no publicity. The power, we suspect, of the sexist or reverse-sexist lobby who want no recognition of her work and stance. 

 

Please… a step up in solidarity in 2024! 

The last Newsletter asked people to sign a petition on parental alienation sponsored by a volunteer in MATCHmothers, Mothers Apart from Their Children - (LINK).

 

We had a message of thanks from that volunteer, but the number of additional signatures was… you guessed! 

 

Whatever your reservations, show more support please! 

 

Please help out in this important research survey.

This research project will explore fathers’ experiences of Intimate Partner Violence (IPV) as a risk factor for Postpartum Depression (PPD). Until recently, PPD has been extensively researched as a concern limited to new mothers (Kim & Swain, 2007). However, fathers also experience significant changes in life after childbirth that can contribute to the development of PPD.

We are delighted to see the Princess of Wales taking a lead on highlighting the vital role of fathers in a child’s early years - Princess Kate champions the importance of fathers in children's early years as she looks to raise awareness about the role men play in youngsters' development | Daily Mail Online

 

That role is arguably more vital in the case of separation and we will be supporting any initiative to raise the issue’s profile. 

 

2024 will be an unhappy New Year for 225 children a day – minimum*. 

 

The days following the Christmas/New Year holidays are the worst for this. Possibly two in five parental separations happen – or are announced – at this time. There is another, but not so sharp, peak after the summer holidays.  

 

There will be an increased need for our services, but only noticeable after a delay. The immediate effect on excluded parents -overwhelmingly but not exclusively fathers - is paralysis and shock. This takes some time to recover from. It is often even longer for them to realise that their children are not going to be allowed to see them much or even at all.