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Last Updated: Friday, 19 March, 2004, 11:38 GMT
Help offered to warring parents
Divorced couple
Parents are encouraged to make their own arrangements
A scheme to try to prevent bitter court battles over child access between separated parents has been announced by the government.

The plan will involve free mediation sessions for estranged couples who cannot agree on how much time their children will spend with each parent.

Pilot schemes, based on a system in the US, will run in three areas.

A fathers' group has criticised the plan, saying it lacks the legal force contained in the American system.

Courts in England and Wales deal with about 60,000 cases a year involving disputes between parents.

The pilot schemes will run in London, Brighton and Sunderland.

A mutually agreed plan for parenting is less painful for children
Family Justice Minister Lord Filkin

They will run for a year, and if successful, will be rolled out nationally.

Couples will be offered mediation sessions when they first go to see a solicitor, which is usually several months before cases reach court.

A neutral figure will spell out why it is better for children if parents can make their own arrangements about contact with their children.

In the pilot schemes parents will not be forced to go to mediation, but judges may ask why they did not take the opportunity.

Avoiding 'unhappy outcome'

Children's Minister Margaret Hodge and Family Justice Minister Lord Filkin also announced an additional £3.5m for child contact services, including the funding of 14 new supervised contact centres.

"We believe that we can divert many families from lengthy, costly and damaging disputes that experience shows will leave many unhappy with the outcome," Mrs Hodge said.

"We recognise that there are times when it may be necessary for a case to involve the courts, such as those involving domestic violence.

"In those cases, we want to make sure that the judge has all the information necessary to make a decision that is in the best interests of a child."

Less painful

New forms will be introduced to make sure judges are aware of any accusations or instances of domestic violence at the start of contact cases.

Family Justice Minister Lord Filkin said that fewer than one in 10 contact disputes go to court.

"We want to ensure even more parents splitting up are enabled to resolve parenting issues between themselves in ways that work.

"A mutually agreed plan for parenting is less painful for children and parents are more likely to stick to an agreement they've come to themselves, rather than an agreement imposed by a judge."

'Sham'

The pilot plan was criticised by Fathers 4 Justice, the campaign group whose members dress as super-heroes to stage protests on bridges and cranes.

Spokesman Matt O'Connor said that while the mediation scheme was modelled on a Florida scheme there were fundamental differences that meant it would fail here.

In Florida, parents are threatened with prison sentences if they fail to comply with mediation, but there are no such incentives in the UK scheme.

There is also no legal enforcement to make it work, Mr O'Connor told BBC News Online.

"Basically this is an absolute sham.

"The thinking behind it is good, but the mediation is not going to work because you need it to be mandatory, you need enforcement and you need legal rights to children."

H said the group would launch its own blueprint for family law next week.




WATCH AND LISTEN
The BBC's James Westhead
"It's a first step towards resolving painful family disputes"



SEE ALSO:
Children focus in violence curbs
05 Mar 04  |  Politics


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