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Changes to ensure both parents have a role in children’s lives

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The Government is proposing changes to family law with the aim of ensuring that both mothers and fathers have contact with their children if their relationship breaks down.

Evidence currently suggests that following the breakdown of a relationship many children permanently lose contact with one parent.

A letter addressed to MPs from the children’s minister, Edward Timpson set out the proposed changes. Mr Timpson’s letter said that both parents should be allowed to play a positive role in their children’s lives, when it is safe and in their best interests.

The new proposals are intended to give family courts a duty to ensure that children continue to have contact with both parents, unless their welfare is threatened by doing so.

This does not mean that children will spend an equal amount of time with both parents, only that the court should ensure that they have the opportunity to see both parents and maintain a relationship with them.

It is difficult at this stage to comment on whether this will make any real difference to the decisions made by the family courts. It is our experience that when an application is made for contact with a child the application will be successful, unless there is a concern that the contact with the absent parent may lead the child to suffering harm. In such circumstances, if appropriate, the absent parent may be able to have supervised contact with the child or indirect contact, by way of letters, emails or phone calls. It is exceptionally rare that the court will make an order that there be no contact whatsoever with the parent making the application.

Although lobby groups such as Families Need Fathers have welcomed the proposals as a positive move, the Law Society said in a statement that the current legislation adequately promotes the welfare of children and that changes to the law to promote shared parenting are not needed.

Whether the proposed changes will make any positive difference to this extremely sensitive area of family law remains to be seen.  We await further developments with interest.

If you would like to discuss this or any other family law matter, please contact Janine Hutson on 01772 258321, or at janine.hutson@harrison-drury.com


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