A new provision has come into force whereby the family courts will presume the involvement of both parents in a child’s life.
The parental involvement provision in section 11 of the Children and Families Act 2014 came into force on 22 October and will apply to all cases that begin after this date.
The Ministry of Justice has emphasised that the new provision does not in any way create new parental rights, or bring about a rule that children should spend equal amounts of time with each parent. As reported in Family Law Week, the provision aims to ‘achieve 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.”
The new law is designed to encourage parents to focus on their children’s needs following a separation. Family courts will presume that the involvement of both parents in the child’s life is of benefit to them while holding their needs as most important.