Liz Trinder : Conciliation, The Private Law Programme and Children's Well-Being: Two Steps Forward, One Step Back?

Liz Trinder Reader in Family Studies Geography Politics and Sociology Newcastle University

It has become a commonplace that parental conflict is bad for children. What is more difficult to agree upon is how best to reduce conflict particularly for children whose parents are locked in legal disputes over contact. In England and Wales a belief that lawyers courts and trials fuel rather than reduce conflict has led to longstanding efforts to divert parents away from court and if that is not possible away from contested hearings. Most recently the Private Law Programme (PLP) sought to facilitate early dispute resolution for parties reaching court. A key reason for the development of in-court conciliation at first directions hearings was so that 'distress to all parties is minimised'.

The PLP has already had some effect with an increase in Children and Family Court Advisory and Support Service (Cafcass) time spent on in-court conciliation and an 8% reduction in the number of reports in 2006 (Cafcass Annual Report and Accounts 20062007 (TSO 2007)). The rationale for this rebalancing of resources is at least partly predicated on attempts to reduce conflict:...

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