Parental involvement law now in force
The parental involvement provision in section 11 of the Children and Families Act 2014 came into force recently, and applies to cases started on or after 22nd October, but not those that were already in progress on that date. Family Justice Minister Simon Hughes says the new law will reinforce the importance of children maintaining a relationship with both their parents following divorce or separation.
The change aims to encourage parents to maintain greater focus on children’s needs and the roles they will play in their children’s lives after a relationship has broken down. The law will mean family courts have to presume that both parents’ involvement in the child’s life will promote the child’s welfare – where the involvement is deemed to be safe.
However, the Ministry of Justice is keen to emphasise that the new provision is not designed to give parents new 'rights' or to divide children's time fifty:fifty but is instead about 'achieving a culture change by making clearer the court's approach to these issues'.
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."
If you’d like information on children and divorce or separation please contact James Haworth at Lawson-West, family law solicitors in Leicester for an initial consultation on 0116 212 1000.
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