Demolition and reconstruction in the family justice regime: what can be salvaged for children whose parents separate and divorce?

Abstract

This chapter considers the needs for children coming into contact with the family justice system to receive impartial information, to have a voice in proceedings if they so wish, and to receive support during the course of proceedings. It examines these issues in the context of fundamental changes in the system. The story underlying this chapter is one where the old regime of family justice administering private family law has been dismantled by radical measures introduced by the Coalition government between 2010 and 2015. The first part outlines the development of these measures. The second part focuses on the new policy framework based on what has been termed the Child Arrangements Programme (CAP), which replaces the old regime.