The Way Forward In Family Law

I do suggest however that these criticisms coming from several different quarters should unite in a campaign for specific reforms to be introduced. I would suggest (in non legal language) the following: 1. No more secrecy of proceedings in family courts. Everything should be published except for the names of the persons concerned (in the same way as in rape cases). 2. Applications for emergency protection orders should be notified to parents who could then oppose them in person if they wished. 3. No parent should be convicted of abuse, neglect, assault, or any other crime on the balance of probabilities. Guilt should be proved beyond reasonable doubt. 4. All witnesses should be subject to cross examination and no hearsay evidence should be admissible. 5. If the parents so request, children concerned in the proceedings should appear in court in person. 6. No newborn baby should ever be removed from its mother and put in care unless that mother has been previously convicted of causing serious physical harm or allowing sexual abuse to one or more of her children. 7. All children in care should be allowed to receive private telephone calls from their parents at least once per week. These calls should be unlimited in length and the conversation should not be restricted in any way. 8. In cases where the parents are accused of abuse or neglect, the doctor normally attending the family should automatically be called as a witness in all court proceedings. 9. Parents accused of a criminal offence against their children should have the right to trial by jury (a jury is less likely than a judge to automatically take the word of social workers against that of parents). 10. In divorce cases the parent who is not awarded custody should have the right to receive the child or children concerned for half the school holiday periods each year, unless there has been a conviction for violence or sexual abuse. I think these reforms would transform the family courts into courts of justice Article by Ian Josephs;- For advice contact ianjosephs@monaco377.com