ABSTRACT

For over 50 years, it has been recognised that family breakdown constitutes one of the greatest risks to their emotional and psychological health and development that children may face during their childhood. This chapter considers how family law and policy have responded most recently to this risk in the light of evidence about children's own perspectives on the matter. The immediate distress felt by children at the time of parental separation usually fades over time, and most settle into a pattern of normal development. Clearly, from a psychological perspective, five years in the life of a seven-year old constitutes a wholly disproportionate length of time to be arguing about arrangements with consequent uncertainty and instability. The Children and Adoption Bill proposes some legal changes intended to improve the effectiveness and enforceability of court orders, but it stops short of any substantive change to the bedrock of child law.