In April 2014 a new law came into effect, namely the Children and Families Act 2014.

The Act brought into being a few fundamental changes to the law relating to families.

For example, Residence and Contact Orders were replaced by Child Arrangements Orders. However, section 11 of the Act did not come into effect straight away and was delayed until October 22.

What is so important about this section?

In effect it reinforces the importance of a child having an ongoing relationship with both parents after the parents separate.

However, it is only a presumption, and will not be blindly followed in every case.

If, for example, it is considered unsafe and not in the child’s interest to have a relationship with the parent who is not their primary carer, then the presumption will be rebutted.

In essence, when a court is making a decision about a child, be that his or her contact with either parent, decisions about where the child should live, decisions about parental responsibility for a child and any other decisions about the child who may be before the court, the court should presume that a child’s welfare will be furthered by the involvement of each of the child’s parents in their life.

However, this is only so unless it can be shown that such involvement would not further that child’s welfare.

What does involvement mean?

Involvement means any kind of direct or indirect involvement.

The law does not make any presumption about actual division of time the child is to spend with one or other parent.

The obvious question therefore is: What will change now, if anything?

In my view this new law is unlikely to make the court more or less likely to order that the child spend equal amounts of time with both separated parents.

Every case will still be decided on its individual facts and the court will examine all of the circumstances of the case having the child’s welfare and best interests at the forefront of its mind at all times.

Although it is unlikely that the court will conduct itself any differently, this new law will serve the very important purpose of ensuring that both parents should start from an equal position when coming before the court in relation to a dispute about the child.

I am of the view that this standpoint can only be positive in the long run for the child and for the parents involved in dispute.

 

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