Family Attorney
Family law shake-up call to MPs
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The Solicitors Family Law Association (SFLA) said there should be a statutory presumption the child should have contact with both parents. This would reinforce the idea contact was not a “gift” one parent made to another, an MPs’ committee heard. The association was giving evidence to an inquiry into the family courts. MPs on the constitutional affairs committee heard that although there was no deliberate attempt to discriminate against fathers, the way the courts worked meant that fathers often lost out. Children usually stay in the family home with the mother during a break-up and even if the father later wants custody, the courts would not change the child’s circumstances without a good reason. But if a mother denied the father access to the child, courts are often reluctant to impose fines or other punishment measures on the mother which might also affect the child. Under the 1989 Children’s Act the welfare of the child is deemed to be paramount and parenting arrangements are decided “in the best interests of the child". This means that in practice there is a presumption that contact with both parents should be maintained, an SFLA spokeswoman said. But there was a misunderstanding by the general public about the way the law worked, she added. ‘Parents’ rights’ She said: “If one of the things we are going to tackle is the public understanding of the presumption then we need to write into law that an ongoing relationship with both parents is desirable. “This will go along way to reduce the number of battles between parents which pit the role of the court against the other parent. “It would also emphasise that contact is about the well-being of the child and not about parents’ ‘rights’.” The issue of fathers losing contact with their children has been highlighted by a string of high profile stunts by campaign group for fathers’ rights, Fathers 4 Justice. More : news.bbc.co.uk |
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