Safeguarding Children's Welfare in Non-Contentious Divorce: Towards a New Conception of the Legal Process

Posted: 28 Oct 2000

See all articles by Gillian Douglas

Gillian Douglas

The Dickson Poon School of Law

Mervyn Murch

Cardiff University Law School

Lesley Scanlan

Cardiff University Law School

Allen Perry

Swansea University

Abstract

This article considers the working of the current procedure intended to ensure the welfare of children when their parents divorce but are not seeking any orders relating to them. It shows that the process is ineffective in safeguarding children's welfare and is not geared to ensuring that their wishes and feelings are taken into account. It argues that the focus of policy should shift away from assuming that the legal system can handle the problems of divorce, towards using the legal process as a point of contact through which families can be offered the full range of services they may need during relationship breakdown.

Suggested Citation

Douglas, Gillian and Murch, Mervyn and Scanlan, Lesley and Perry, Allen Howard, Safeguarding Children's Welfare in Non-Contentious Divorce: Towards a New Conception of the Legal Process. Available at SSRN: https://ssrn.com/abstract=234525

Gillian Douglas (Contact Author)

The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand Campus
London, WC2R 2LS
United Kingdom
+44 (0)2078481367 (Phone)

Mervyn Murch

Cardiff University Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom
+44 (0)29 2087 4980 (Phone)
+44 (0)29 2087 4097 (Fax)

HOME PAGE: http://www.cardiff.ac.uk/claws/

Lesley Scanlan

Cardiff University Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom
+44 (0)29 2087 6789 (Phone)
+44 (0)29 2087 4097 (Fax)

Allen Howard Perry

Swansea University ( email )

Singleton Park
Swansea, Wales SA2 8PP
United Kingdom
0044+1792.295069 (Phone)
0044+1792.295955 (Fax)

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