Wednesday 08 February 2012

When a relationship breaks down, do the Courts take sides when issues of residence or contact have to be sorted out? Some fathers feel that there is a bias to mothers – many mothers consider this isn’t the case.

The Government wants to put an end to such thinking. It has just published its Response to the Family Justice Review. It is determined to make clear that there will be a legal right for the children to have a relationship with both parents after divorce or separation and ensure that more children from separated families enjoy close relationships with both their parents.
In respect of shared parenting the government considers there is a need to clarify and restore public confidence that the courts recognise the joint nature of parenting. It will therefore legislate to emphasise the importance of children having an ongoing relationship with both their parents after family separation, where that is safe, and in the child’s best interests.
Meena Kumari Head of Family at Ridley and Hall Solicitors commented:

“Parental separation leads to thousands of children losing meaningful contact with a non resident parent who once was an integral part of the family unit involved in all aspects of the child’s welfare and development.

“The rules will make it much clearer that it is vital for children to have ongoing relationships with both parents unless there are concerns about the parent’s behaviour affecting the child’s welfare.

The changes are part of an overhaul of family law where a presumption of shared parenting will give stronger rights for parents to see their children and provide recognition of equal parenting which is currently absent in the law.

The Government intends that this change will provide loving absent parents with a greater and stronger position of contact with their children after separation rather than relying on Court or the other parent to determine their contact and access. Some commentators are concerned that similar legislation introduced in Australia in 2006 had a negative effect in encouraging more litigation between parents”.

The change in law however will not guarantee equal access as sought by many family rights campaigners.

Can legislation solve the often bitter disputes over residence and contact? Only time will tell.”

Ridley & Hall Solicitors, Queens House, 35 Market Street, Huddersfield, HD1 2HL
www.ridleyandhall.co.uk
Meena Kumari – contact number 01484 538 421