HISTORY

The Children Act 1991 became Statute Law as part of an ongoing review of law to do with children. However other issues had arisen around the time of the passage of the Bill and they were the so called "Cleveland and Orkney Child Abuse scandals"

In becoming law the part of The Matrimonial Causes Act 1973 that had dealt with Children within the context of divorce or separation was repealed.

The notorious so called "Cleveland and Orkney Child Abuse scandals" in the late 1980s were widely covered in the media at the time. Some altogether false reports of alleged abuse of children in the two areas bought forth an official enquiry into the truth of these allegations. Social Services became involved in the inquiries and with their involvement there seemed to be a determination despite the lack of any substantive evidence to find that in their opinion children had been subject to "ritual" abuse.

The next step was that persons were accused of perpetrating the alleged abuse and frequently these persons were either the parents or relations of the children. With these allegations being made there was an understandable reaction from those accused. The whole matter began to run out of control as the enthusiasm of Social Services to try and bring charges based on dubious evidence and their fervour to do so continued. Naturally enough those accused reacted with understandable indignation. The increasing publicity brought Parliament's attention to bear and to cut a long story short the dogs were called off. The whole thing was exposed for the sham it had been and Social Services had to furl their banner of Political Correctness and withdraw with their tails between their legs.

The Children Act 1991 however in drafting contained a lot of procedure to do with regulating more tightly the activities of politically correct bodies like Social Services should such a situation arise again

Whilst these events gained prominence in the legislation the matter of children post divorce or separation did not fare so well. Earlier legislation ensured courts  made orders in respect of what was known then as **** however the making of orders was discarded except in specific circumstances and replaced with the expectation that the parents by consent would agree the now new expression Contact. This played right into the hands of the large number of  parents with care and control usually the Mother who for the previous 18 years had been continually flouting orders and interfering with ** arrangements.  The opinion has been expressed within campaigning groups that the decision to cease making orders was deliberate because it would weaken a father's position and increase the amount of money made by lawyers because of the costs arising from protracted court action.

All in all The Children Act 1991 apart from the ability within Section 8 that permits a child to make its own residence or contact application has not brought much improvement  to the situation affecting children.

2004 has primarily as a result of campaign action by Fathers 4 Justice (F4J) forced the government to address children's matters post divorce and separation. This is being done through a consultative document entitled Parental Separation: Children's Needs and Parental Responsibilities which will lead ultimately to new legislation. The Government have already rejected the core aim of campaigning groups that there shall be a legal presumption of 50/50 parenting time. This does not bode well for the future.

The consultative document can be accessed on line from the Links page.