This essay will highlight some of the fundamental dilemmas faced by children of separating parents as well as reflecting some of the emotions engendered by it.

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Claire Fryer

Thursday 18th December 2003

SW2110

Legal issues in Social Welfare Long Assignment

The Children’s Act 1989 emphasises the rights of children to be consulted in all aspects of their lives.  Assess how far such consultation is desirable and practicable with children involved in divorce or separation?

INTRODUCTION

This assignment will explain the aims

 This essay will highlight some of the fundamental dilemmas faced by children of separating parents as well as reflecting some of the emotions engendered by it

The Children’s Act 1989 is a landmark of development in English law however it contains no cure for family problems.  The Act is a relatively large piece of legislation, which consists of over 100 sections. The Act covers virtually all the law relating to the care and upbringing of children and social services to be provided for them.   The Act aims to bring about the very best achievement within the bounds of legislation for children whether they are living within their families or in need of local authority services or are in want of protection from abuse. The act also aims to create an enlightened and practical framework for decision making whether the decision is taken in the family home, in a local authority office, in a health centre or a courtroom, the object of the act is to provide the necessary legal tools to parents, relatives, foster carers, child minders, child care professions and judges so as to further the best interests of the children in their care.  

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Children and young people, who are under the age of majority, have a special status, which is reflected, in their legal and social position in all communities.  To be a child is to lack the full legal capacity of adults and the right to make decisions for oneself, to own land, to vote and to do many other things, which adults take for, granted.  Children’s views are not accorded the same respect as those of adults whatever their age or experience and children and young people are not regarded as experts in their own lives.  Despite the limitations of ...

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