ABSTRACT
On the whole, children have been passive recipients of legal interventions in their lives and the law is slow. Moreover, criminal hearings are out of synchronisation with civil hearings. When a man goes to prison his children need secure, reliable care immediately, and they cannot remain on ice until months later, when father’s case comes to trial. This may seem unjust, yet civil law concerning children is quite clear; their welfare is paramount. Sadly, legal disputes, adjournments and limited resources – numbers of judges, magistrates and supporting court staff, the lack of a framework to ensure that cases are heard according to the age and needs of the children, shortages of guardians and court welfare officers who can help the court by making careful enquiries into the needs of the children – may hinder fair and speedy decision-making.157 Departments of social services with limited resources – under great pressure to provide adequate child protection services, to co-operate with health authorities regarding the care of the mentally ill and to provide packages of care in the community for people with disabilities, handicaps and chronic illnesses – are not well placed to pick up complex cases involving the civil rights of children, to deal with the emergency and then to follow up over months and years.
