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Dept for Constitutional Affairs

Answer

Mrs. May: To ask the Parliamentary Secretary, Department for Constitutional Affairs (1) what the average length of time has been between the issuing of a contact order for parental rights under the Children Act 1989 and the case being listed for a first conciliation/ direction appointment in the last 12 months; [207311] (2) how many cases of disputed contact were dealt with by the family courts in (a) 2001, (b) 2002 and (c) 2003; [207463] (3) what guidance he has issued on whether women's refuges constitute adequate accommodation for children when considering awarding of custody in disputed custody cases. [207317] Mr. Lammy: Information on the average length of time between an application for a contact order under the Children Act 1989, and the case being listed for a first conciliation/direction appointment is not held centrally and could be provided only at disproportionate cost. However, work is under way to explore whether and how this information might be gathered in the future. Section 1 (2) of the Children Act 1989 states that "In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principal that any delay in determining the question is likely to prejudice the child". The President of the Family Division has given guidance to family judges to aim for a first hearing dispute resolution appointment within four-six weeks of the application. The number of contact orders made in each year in all tiers of court (magistrates courts, county courts and High Court) were: _________________________________________________________________________________________________. Number (a) 2001 55,030 (b) 2002 61,356 (c) 2003 67,184 _________________________________________________________________________________________________. Information on how many of these cases were disputed is not collected. However, a substantial majority of contact orders are made in county courts and in 2002-03 approximately 30 per cent. of those contact orders were made with consent. No guidance has been issued by my Department to the courts on whether women's refuges constitute adequate accommodation for children when considering awarding of custody in disputed custody cases. Section 1 (3) of the Children Act 1989 lists the issues that must be considered in relation to the child's welfare. This includes "his physical, emotional and educational needs" and "how capable each of his parents, and any other person in relation to whom the court considers the question relevant of meeting his needs".

Secondary information

Type

Written question

Reference

429 c568W;429 c566W; 207311;207463;207317

Session

2004-05

Subjects

Children Contact orders Custody Family courts Family law Parents Standards Separation Refuges

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk