1. Centre for Research on Families and Relationships Private arrangements for parent-child contact Fran Wasoff Centre for Research on Families and Relationships and School of Social and Political Studies University of Edinburgh ESRC and Scottish Executive Public Policy Seminar Edinburgh, 3 May 2006

2. Centre for Research on Families and Relationships Contact and residence Contact and residence are legal concepts that encompass a variety of living arrangements: day visits, overnight and holiday residential stays, telephone and email, letters, presents These can involve lengthy and complex processes that evolve over time Contact is a means to an end, which is a good parent-child relationship ‘Good’ contact should be measured in terms of its quality rather than its quantity

3. Centre for Research on Families and Relationships Children (Scotland) Act 1995 The legal framework: Contact is a parental responsibility and right: Section 1 states the responsibility: “if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis.... but only in so far as compliance with this section is practicable and in the interests of the child.” Section 2 gives a parent the right “if the child is not living with him, to maintain personal relations and direct contact with the child on a regular basis”.

4. Centre for Research on Families and Relationships Contact and non-resident parents Percentage of households with dependent children by type Family type% 1991% 2001 Married couple with dependent children*7664 Cohabiting couple with dependent children410 Lone parent with dependent children1926 TOTAL100 A cross-national health survey of Scottish young people aged 11, 13, 15 found 17% live in lone parent families and 12% in step-families. It is not known exactly how many children in Scotland do not live with both of their parents but the number is substantial. Sources: 1991 and 2001 censuses

5. Centre for Research on Families and Relationships Patterns of contact Currently, information in Scotland about the private arrangements families make is not available, but there is information from comparable countries. Broadly speaking, that evidence points to: wide variation in patterns of contact higher levels between non-resident parents and children than is commonly believed contact mainly arranged by mutual agreement between parents, with infrequent use of the courts parents --both resident and non-resident--mainly say their arrangements are satisfactory, in contrast to high levels of conflict in cases involving the courts a significant minority of children seem to have little or no contact with their non-resident parent

6. Centre for Research on Families and Relationships Patterns of contact: England & Wales The Office for National Statistics published survey evidence in 2003 from 935 parents about non-residential parental contact with children (DCA 2004). Key findings: Only 10 % of contact arrangements are court ordered Most contact informally arranged between parents, most often if they live near each other or are recently separated. Resident and non-resident parents reported different levels of contact, for reasons that are not clear. Face-to-face contact at least once a week reported by 43% of resident parents and 59 % of non-resident parents. 77 % of non-resident parents (and 60% of resident parents) said the non-resident parent saw their children at least once a month 10% of non-resident parents and 23% of resident parents said their children never saw the non-resident parent

7. Centre for Research on Families and Relationships Patterns of contact: England & Wales Overall, most children had direct or indirect contact with their non- resident parent at least once a week, and stayed overnight with them. Typically, children saw their non-resident parent at the parent’s home. Contact was less frequent the longer parents had been separated or the further apart they lived. Contact centres were used by fewer than 1% of children to meet their non-resident parent. Overall, both resident and non-resident parents were satisfied with the contact arrangements. Those ordered by a court were far less satisfactory. Both resident and non-resident parents said that what would most improve things was more direct contact between the non-resident parent and the child.

8. Centre for Research on Families and Relationships Patterns of contact: Norway The number of children living with just one parent has increased, and in 2004 was 25% of those aged under 18 82% of children lived with their mothers; 8% with their fathers and 10% shared residence. 80% of parents have a contact agreement: 43% written and 35% oral. On average, agreements provided that non-resident parents spend 8.3 days per month with their child. In practice, it is about seven days per month 79% said there had been contact in the previous month. As in England and Wales, non-resident parents reported more frequent contact than resident ones. Contact is more frequent when parents live near each other; children are younger; parents married or more highly educated. Most non-resident parents were satisfied with contact arrangements.

9. Centre for Research on Families and Relationships Patterns of contact: Sweden Sweden has high and increasing levels of partnership breakdown - twice as high for cohabitations (into which half of children are born) as for marriages. In 1999, ~ 25% of children aged 0-17 did not live with both parents: 17% lived in lone parent families and 9% in step-families. More experience multiple changes. Following separation, both parents usually have the equivalent of parental responsibilities and rights. Most children (84%) live with their mothers, though shared residence is increasing (about 5-10%). Contact with a non-resident parent is more frequent for younger children:, 59% of pre-school children saw their non-resident parent at least fortnightly, compared to 40% of 13-15 year olds and 32% of 16- 17 year olds.

10. Centre for Research on Families and Relationships Patterns of contact: Australia Information from over 1000 parents who did not live with the other parent of their children in the Household, Income and Labour Dynamics in Australia survey in 2001. SharedStandardDaytimeLittle or none Total Resident & co- parent mothers 5%38%18%39%632 Non-resident & co-parent fathers 8%50%14%29%407 Standard contact: up to 29 % of nights p.a., typically every other weekend or every weekend Daytime contact: no overnight stays Little or no contact: less than once a year

11. Centre for Research on Families and Relationships Parenting after separation: research messages While divorce increases the risk of adverse outcomes for children, and stress in the short-term, most children do not suffer harmful long-term effects. Studies point repeatedly to the damaging effects on children of parental conflict Parents can take steps, with help from professionals and support agencies, to minimise risk. Co-operative parenting is best for well-being and development

12. Centre for Research on Families and Relationships Negotiating private arrangements A research gap in Scotland. While family law and policy encourages contact, little known about the experience, activities and processes at work. Little known about how children’s views are taken into account, even though due regard should be given to their views. A 2002 study in England found that where contact worked satisfactorily: conflict was low and manageable there was a shared commitment to making contact work parents could negotiate and compromise legal intervention was not necessary benefits of contact outweighed any problems Where contact worked less well: parents lacked commitment and lots of conflict. Children had difficulties in their relationships with a non-resident parent’s new partner, lack of consultation, and practical problems about handovers.

13. Centre for Research on Families and Relationships Private ordering in Scotland A 1990s study of informal, legally binding separation agreements (minutes of agreement) found that in almost all cases involving children, residence was discussed and agreed, and in 90% of cases was with the mother. Contact was raised in about 75% of cases involving children, and in about 1/5 a precise arrangement was made. More typically, the agreement was stated as ‘by mutual agreement between the parties’. Many of those who made agreements were later dissatisfied with them and wished they had made more specific arrangements, which would help them plan better

14. Centre for Research on Families and Relationships Lessons from Australia? A network of 65 community-based government-funded Family Relationship Centres from July 2006 Based on these ideas: the best interests of the child is most important; shared parental responsibility following separation is encouraged; children should spend time regularly with the non- resident parent, and maintain links with wider kin, e.g. grandparents. A single entry point to the family law and support system to foster more use of private arrangements for parent-child contact. Child contact centres, services under the Contact Orders Program, mediation and other dispute resolution services to expand. Parents are encouraged to develop parenting plans and to try to resolve contact and residence issues privately, Lawyers and courts are seen as a last resort. Court proceedings less adversarial and likely to increase conflict

15. Centre for Research on Families and Relationships Support policies and services in Scotland Contact centres: neutral settings to facilitate contact, e.g. if high conflict or a history of domestic abuse Non-legislative measures linked to the Family Law (Scotland) Act 2006 Enhanced support for family and relationship organisations. Parenting agreements Grandchildren’s Charter Public support for family support organisations Scottish Executive support for family relationship services ~ £1.4m p.a. Plus £250k p.a. for the national bodies, one-off £300k for further capacity-building, and local support for local services.

16. Centre for Research on Families and Relationships Parenting agreements in Scotland For parents “to make practical and workable arrangements for their children by themselves”. Living arrangements Keeping in touch School Holidays and other ‘special’ days Health Money matters Values Child-centred Regular contact Communication and agreement between parents; respectful, flexible, reviewed Taking account of children’s views; keep them informed Builds on research and good practice here and elsewhere Assess how this works