The importance of children having relationships with both parents following separation will be reinforced by a new law taking effect this week.
The presumption of parental involvement will come into force on 22nd October 2014 and will apply to cases involving children started on or after that date.
As of the 22nd October 2014 when the family Court is making a decision concerning a child it must presume that the involvement of both parents will be beneficial to the child, unless there is evidence to the contrary.
The Ministry of Justice has emphasised that the parental involvement is not about giving parents new ‘rights’ or about 50/50 division of a child’s time but about ‘achieving a culture change by making clearer the court’s approach to these issues’.
The change is intended to encourage parents to be more focused on children’s needs following separation and the role each parent plays in a child’s life.
The Justice Minister Simon Hughes said:
“We have made bold reforms so that the welfare of children is at the heart of the family justice system, and there can be no doubt that parents play a very important role in every child’s life. Following break up of relationships we are encouraging all parents to focus on the needs of the child rather than what they want for themselves.
“No parent should be excluded from their child’s life for no good reason. This change in the law is not about giving parents new ‘rights’ but makes clear to parents and everybody else that the family courts will presume that each parent will play a role in the future life of their child.”
In cases involving children the welfare of the child will always remain the paramount consideration of the Court and the Court will remain free to declare that involvement of the one parent would not be in the best interests of a particular child if there is evidence to support this.