The Children Act came in October 1991 and is the most important reform of the law concerning children this century.

It was designed to help and protect children and relates to children involved in private disputes (for example between parents who have separated) and also those in need of help from local authorities. The principles and aims of the act include the following:

• Children's welfare is the highest priority.

• Children are best brought up within their families wherever possible.

• The prevention of unnecessary interference by local authorities in family life.

• The requirement of local authorities to provide services for children and families in need.

• The promotion of partnership between children, parents and local authorities (to improve communication between local authorities and families).

The Children Act and domestic violence

Unfortunately the original act didn't recognise domestic violence. In the past, this created difficulties for many. As part of the Act, the courts order contact visits, but many people have been abused by the ex-partners during these visits. The government has, however, recently amended the Act so that courts must take into account the effects of domestic violence when considering cases involving contact with children.

The government is also planning to introduce additional (secondary) legislation to make sure that the courts know about and investigate any allegations of domestic violence at the start of any child contact proceedings.

The courts will have to decide whether domestic violence has happened before considering any contact. If the court decides that domestic violence has taken place but still orders contact between the parent and child, it will have to explain the reasons why contact was allowed. This should help prevent those involved in contact disputes, and their children from suffering further domestic violence.

Things to consider if you're separated

If you've got a child you may need to consult a solicitor about some of the following issues and orders covered by the Children Act:

• Parental Responsibility (which recognises 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property'). All mothers automatically have this.

• Residence Orders (these state who a child will live with).

• Contact orders (these relate to contact between the non-resident parent and child). You can ask the court to stipulate that any contact ordered is supervised (by another adult and possibly in a supervision centre).

• Supervised contact orders (which stipulate that contact between the non-resident parent and child must be supervised).

• Prohibited Steps orders (which prohibit those named in the order from taking certain actions with the child, for example forbidding them from taking the child abroad or preventing unsupervised contact with the child).

Back to You and your children

This article was last reviewed by Catherine Orr Deas in December 2005.
First published in February 2003.