Children and Family Relationship Bill 2013: Parental Uncertainty in Cases of Guardianship, Custody and Access

Every Child Matters 2003 consider the wellbeing of children and young people from birth to the age of 19. The law has five principles that provide a safe environment for children and young people while they are in care. The five outcomes ensure children’s and young people’s needs are met and have the support they need to be healthy: to be safe, to enjoy and achieve, make a positive contribution and achieve economic well-being. The law ensures that every child is mentally, emotionally and physically fit and obtaining the care that meets their needs. For example, in children’s residential home children will be encourage to eat a healthy balance diet. By providing a

Current legislation, guidelines, policies and procedures within Northern Ireland affecting the safeguarding of children and young people.

Identify and investigate these contemporary issues relating to family law and evaluate the effectiveness of legal and non-legal responses to these issues

     The purpose of this paper was to give some insight into the vicious battles that take place over child custody. It is important to mention that raising children is difficult even with two parents, now when there is only one parent the difficultly increases by leaps and bounds. The idea of joint custody seems to sound like a good solution however, Smith (2003) stated

More than ever, Child protection is a topical issue. That’s why many years ago the British government, aware of the fragility and vulnerability of children to adults, has implemented a number of laws relating to children and young people in the UK. These laws are made to define the inherent right of children, and also to define the implication of their rights for all those responsible of or using any childhood services; but more specifically what we will see through the legislation concerning the rights of children, is how they may impact the work of childcarers, how they can

Allocates duties to local authorities, courts, parents and other agencies in the UK to ensure children are safeguarded and their welfare is promoted. It focuses on the idea that children are best cared for by their own families, however it also makes provisions for parents and families who do not cooperate with the professional bodies.

There are actions taken within the courts and there is a sense of understanding that all decisions made regarding couples separating are to be done with the child as the focus- something which satisfies CROC. Unfortunately, as seen from above, the actual nature of protection of children in such situations is questionable ground and instead provides a more adequate than an exemplary form of

1. The Children Act 1989 - 2004 is the most relevant legislation for safeguarding children and young people’s welfare. It was first made to give boundaries and support for local authorities for the welfare of children. The act then also made changes to the law that are regulated for children and their safety if they are in foster homes, adoption agencies, babysitting services and also handling childcare crimes and crimes against children. The children act’s main purpose is to ensure that the UK is a safer for children and young people and improve their wellbeing. It provides support and help to children of all ages, and backgrounds, and if they have a

The current child protection system is based on the Children Act 1989, which was introduced in an effort to reform and clarify the existing laws affecting children. The Children Act 1989 gave every child the right to protection from abuse and exploitation and the right to inquiries to safeguard their welfare. Its central tenet was that children are usually best looked after within their family. The act came into force in England and Wales in 1991 and - with some differences - in Northern Ireland in 1996. The key principle

1.1- Outline the current legislation, guidelines, policies and procedures within own UK Home Nation affecting the safeguarding of children and young people-

Father’s had claimed that there was sexual discrimination in custodial court cases and decisions, sparking concern for infringement of constitutional rights. They also showed concern for the feminist movement. At the time, there was also a shift from the mother being the homemaker and caretaker as women had to work and by the 1970s, the maternal preference was gone. The Uniform Marriage and Divorce Act of 1970 provided for an unbiased perspective that held the best interest of the child at a standard. This went on to be adopted by many states and for the first time, the interest of the child would be the most important in custodial decision

The Children’s Act 2004 – provides the legal basis for how social service and other agencies deal with issues relating to children. It arose from the Green Paper “Every Child Matters” and identifies the following outcomes for all children:

The Child Care Act of 1991 is very important in relation to the protection of children. The Act puts a legal responsibility on any person charged with the care of any child to act in the child’s best interests- this is the most fundamental requirement of every person who works with children with whatever situation. It is also the primary legislation regulating the childcare policy.

Effective safeguarding is putting the child’s needs and wills first. Looking back at Daniel Pelka’s case no one asked him about his needs and wills instead deception of agencies and services by mother. Assistant Chief Constable Garry Forsyth of West Midlands police said ‘’we accept that Daniel was not given a voice.’’ (BBC 2013)

In 1992, Ireland’s government signed up to the United Nations Convention on the Rights of the Child (UNCRC), which would lead some to believe that Ireland’s government is committed to ensuring that every child in Ireland gets the best chance possible in life. Unfortunately though this is not the case as each day in Ireland there are thousands of vulnerable children that are not having some of their basic needs met. Since 2009 the Children’s Rights Alliance publishes a report card each year that scrutinises the Government’s progress on its key promises to children (Children’s Rights Alliance, n.d.). This year’s report card gave the Irish Government an F grade in relation to child poverty which highlights the lack of support the government