| Way back in 1996 Lady Justice Butler-Schloss, shortly | | | | very difficult to argue with them and it is near |
| before she became President of the Family Division | | | | impossible to make them change their mind. Welfare |
| of the High Court, reminded judges that they should | | | | officer talk of ' being unable to prioritise the need of |
| never lose sight of the fact that the ultimate decision | | | | children ' means that you disagree with him. Going to |
| was for them and not for an appointed expert. This | | | | war with an expert is unfortunately a recipe for |
| is what parliament intended, particularly in family | | | | disaster. You must seem to be on the same side. |
| cases, and what was included in section 7 of the | | | | The only real answer however to dealing with |
| Children Act 1989. This allows a judge the option to | | | | welfare officers and court-appointed experts is to |
| order a welfare report and take notice of it if he so | | | | avoid them altogether. When a family breaks down |
| chooses. There is no obligation to either order a | | | | with young children there will be many years of care |
| report or pay regard to it but that is not always how | | | | arrangements ahead. When the other parent is |
| it works in practice. | | | | spoiling for a fight you must not fall into the trap of |
| Welfare reports are nearly always ordered when it | | | | appearing as a warmonger. You must be seen as |
| has not proved possible for parents to agree | | | | being a peacemaker and fair and reasonable with |
| arrangements for their children. In contact and | | | | your only interest being what is best for the children. |
| residence order applications which become contested, | | | | If agreement can be reached you will avoid the need |
| a CAFCASS report is the norm. Thereafter will follow | | | | for a welfare report. attempting to reach a |
| a delay of at least three or four months whilst the | | | | compromise settlement at the mediation stage of |
| report is prepared. Even then there can be problems. | | | | the first appointment can work wonders and you |
| Often the report is late and further hearings have to | | | | should always allow your former partner to get his or |
| be adjourned. If the report is not favourable to a | | | | her grievances off their chest. Take every |
| publicly funded party their legal aid is likely to be | | | | opportunity to negotiate a settlement and remember |
| withdrawn. They are unlikely to be able to proceed | | | | that a negotiated settlement is likely to work better |
| and this can be little more than trial by welfare | | | | than a court enforced one. |
| officer. | | | | If everything fails and you are faced with an experts |
| Even should the case proceed to trial, the judge is | | | | report there is one important thing to remember. |
| going to be a heavily influenced by the welfare | | | | That is to come across as a reasonable and loving |
| report and inclined to follow the recommendation. If | | | | parent who will co-operate with the other parent and |
| the judge does not follow the welfare officers | | | | who is able to recognise that parents good qualities. |
| recommendation he must give written reasons which | | | | What is sudden death to your chances of a |
| could lead to an appeal. the judge is likely to think | | | | favourable recommendation will be an attack on the |
| that it is the welfare officer who has spoken to the | | | | other parent to the welfare officer. Not only will a list |
| parties and the children, visited them in their homes, | | | | of your former partner's failings as a parent or |
| spoken to the schools and is therefore in a better | | | | person be ignored but they will act against you as |
| position than he is to make a decision. | | | | showing you to be an unreasonable person who is |
| What has to be accepted if you are involved in a | | | | likely not to be co-operative and who cannot focus |
| dispute concerning your children is that the welfare | | | | on the needs of the children. The only certain way to |
| officer is a powerful person and that you should not | | | | get on the right side of a welfare officer is to agree |
| get on the wrong side of them. The parent who | | | | with him or her. If you do not agree with the welfare |
| quarrels with the welfare officer and disagrees with | | | | officer play it cool and never lose your temper and |
| their set principles of childcare is likely to be accused | | | | never rant and rave at him or her.it is unfortunately |
| in the report of 'not being able to prioritise the needs | | | | the case that especially in the lower courts judges |
| of the children'. This stems from the inherent | | | | tend to rubberstamp and follow a welfare officer's |
| tendency of welfare officers to think that they | | | | recommendation. This is not how it should be. |
| know best about the care of children. This makes it | | | | |