Written evidence to be reported to the House
Child Maintenance and Other Payments Bill
12:00 pm
Professor Wikeley: They need things that are inherent in the private arrangements, but there is also the question of the external environment—it is a combination of the two. So far as things that are internal to the private arrangements are concerned, I do not think that they will work unless people have proper, adequate advice. The Bill is promising us information and guidance—not advice. At the end of the day, we are talking about people’s legal rights and duties, and that will require, at times, legal advice. Carrying on from that, there is also a point about the relationship between the parties. We know from existing research that parents with care will take what they are offered, regardless of whether it is a fair and just outcome for the children. That is because of the imbalance of power in relationships. Having an external source of advice, rather than simply information and guidance, is one way of redressing that power imbalance so that you protect the interests of vulnerable people. Contrary to popular misconception, that is largely what lawyers are about, certainly in family law. Family lawyers do not like conflict—it is parents who like conflict.
There are also issues about the external environment. You would have to have an efficient agency that is an adequate threat, which will step in if the private arrangement breaks down.