The FSG has responded to the Government consultation ‘A Fairer End to Relationships’ with a specific focus on child welfare. You can read our response here.
The FSG is broadly supportive of the Government’s proposals and believes a more co-ordinated consideration needs to be given to families at the point of separation in multiple ways. This is why we are calling for the establishment of a Commissioner for Separated Families. Such a post could give greater attention to the welfare of a child and what it means across all relevant legislation, including this proposal.
We interpret child welfare as including the health, happiness and wellbeing of a child, which in financial remedy cases would incorporate their financial and safeguarding needs. Any relevant legislation needs to be mindful of the emotional, environmental, physical and psychological factors that affect children during the process of family transition.
A child’s welfare is affected both by the law and the manner by which the process of resolving the finances takes place, so any application of the consideration of child welfare must apply to both the law and the system within which it operates.
We focused our suggested amendments to the consultation’s proposals around the following specific additions and refinements:
Summary of our Key Proposals
- The word ‘welfare’ should be given more definition and scope, to ensure that the welfare of the child is properly examined.
- The current S.25(1) wording should be changed to make the welfare of minor children the ‘primary’ consideration, instead of the ‘first’ consideration. This reflects Article 3 of the UNCRC.
- The S.25(3) factors (which are about children) should be expanded.
- The current S.25(2) and S.25(3) factors should be merged, with the S.25(3) factors listed first.
- There should be a stated prioritisation of the S.25(3) children factors.
- The Stage 2 and 3 needs distinction should be removed (and the stages merged).
- We did not reply to every question. We focussed attention on areas that affect the children in particular, and we only addressed questions which directly impact on their welfare and the needs of their carers.
We did not reply to every question. We focussed attention on areas that affect the children in particular, and we only addressed questions which directly impact on their welfare and the needs of their carers.
