On 22 October 2014, section 11 of the Children and Families Act 2014 (CAF Act) was enforced, allowing that:

“each parent should continue to be ‘involved’ in their children’s lives so long as it is safe to do so.”

The actual wording and definition of ‘involvement’ contained in the CAF Act is:

“’involvement’ means involvement of some kind, either direct or indirect, but not any particular division of a child’s time.”

The other word to highlight and define is ‘safe’ and is worded:

“…if that parent can be involved in the child’s life in a way that does not put the child at risk of suffering harm … unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child’s life would be at risk of suffering harm whatever the form of the involvement.”

Johanna Allen, legal executive at Ridley & Hall comments, “Perhaps to the layperson, a misconception of the introduction of this parental involvement is that the court would be seeking to make child arrangement orders to share each responsibility equally, in particular where the child should live, between the parents, however, in the main and on a practical level, this cannot reasonably be achieved.

“Perhaps what has been enforced is the importance of both parents to a child of separated parents, but that it is the rights, needs and requirements of the child and not the parents that are considered.”

The reality is that it does not change the long standing consideration of the court which was contained in the Children Act 1989, to give the following three principles the highest priority:

1. The children’s welfare is of the paramount importance;
2. The court shall have regard to the general principle that any delay is likely to prejudice the welfare of the children; and
3. The court shall not make an order unless it considers that doing so would be better for the children than making no order at all.

In deciding whether an order should be made, the court will have regard to:

(a)       the ascertainable wishes and feeling of the child concerned (considered in the light of the child’s age and understanding);

(b)      the child’s physical, emotional and educational needs;

(c)       the likely effect on the child of any change in his/her circumstances;

(d)      the child’s age, sex, background, and any other characteristic which the court considers relevant;

(e)       any harm which the child has suffered or is at risk of suffering;

(f)        how capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;

(g)      the range of powers available to the court in the proceedings in question.

There continues to be the presumption that the court should not intervene unless it is in the best interests of the child.

Please contact a member of the Family team if you would like legal advice on any matters regarding children either by e-mail or on 01484 538421.