Family Law London Blog

Families Need Fathers has welcomed the release of the Government’s consultation on proposed legislation on the involvement of both parents in a child’s life. The recognition that the full involvement of both parents is a crucial component of child welfare, and not a challenge to it, is a simple, yet hugely significant, development in family law.

Ken Sanderson, CEO of Families Need Fathers, commented, “By making explicit the importance of both parents being fully involved in their child’s upbringing following divorce or separation, the Government will be making a crucial and long overdue amendment to the law. It will support and strengthen the overwhelming social change over the past 40 years whereby both parents are expected to contribute fully to their child’s wellbeing, both emotionally and materially.”

“These proposals are not just about those families who end up in court; the law provides the context in which those who come to private arrangements approach post-separation parenting, and it is crucial that an expectation is set that all parents should continue to maintain a meaningful relationship with their children. This will help to ensure minimum disruption to the children’s family life, and in doing so promote their social and emotional wellbeing.”

Shared parenting legislation, aimed at strengthening relationships between parents and children after separation, could detract from children’s wellbeing, the Law Society is warning.

Responding to a Government consultation in which ministers are proposing different ways to establish the notion of “shared parenting” after separation, Law Society President John Wotton said: “Introducing a legislative presumption of shared parenting could lead to unrealistic expectations from fathers, with a huge rise in fathers asking the courts for ‘equal time’.

"This could undermine the Government’s drive towards mediation and out of court settlements. The Government should avoid any implication in the statute of any right to equal time with a child, or any prescription of appropriate amounts of time.

The primary focus should be on the rights and welfare of the children, not those of parents. The principle that the welfare of the child is the court’s paramount consideration should be maintained.”

The government has announced major reforms to the family justice system which it says will tackle delays, streamline processes and rebuild trust.

According to ministers, the changes in education and the introduction of parenting agreements which the review recommended will help ensure better recognition of the joint role of parents within wider society.

The government has also accepted the need to clarify and restore public confidence that the courts recognise the joint nature of parenting. It therefore intends to make a legislative statement emphasising 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.

The government is mindful of the lessons which must be learnt from the Australian experience of legislating in this area, which were highlighted by the Review and led them to urge caution. It will therefore consider very carefully how legislation can be framed to ensure that a meaningful relationship is not about equal division of time, but the quality of parenting received by the child.

The government has also announced that it will simplify the family justice system to help separating couples reach lasting agreement speedily, if possible without going to court. It will make it mandatory for separating parents who propose court action to resolve a dispute about their child to have an initial assessment to see if mediation is something which would be suitable instead, to help them agree on the arrangements for their child.

It will drive culture change and better cross-system working through the establishment of a new family justice board, accountable to ministers, made up of senior figures representing the key organisations who play a role within the system and who will have a clear remit to improve performance.

Justice Secretary Kenneth Clarke said:

'The reform of family justice and child protection is a critical priority for government. Our reforms are ambitious and system-wide and particularly tackle the crucial problem of delay.

'More use of mediation, more effective court processes and more efficient provision of advice will help to create a family justice system which can better resolve these difficult emotional problems in the best interests of children and families.'