Parents’ positive presumption, first jactitation, now exequatur, joint tenant beware, & where the multies are going
Mum and dad do you good
They have arrived and to prove it, they are here. These are the provisions relating to various private law child applications contained in s 11 of the Children and Families Act 2014 which were commenced on 22 October 2014 by SI 2014/2749 but do not apply to prior proceedings which are still running. For reasons best known to someone, s 11 has come under the auspices of the Department for Education and was omitted from the ostensibly world-shattering children and family reforms which hit us on 22 April 2014.
So what is the latest reform all about? In the matter of contested applications to make, vary or discharge an order under s 8 of the Children Act 1989 and applications for parental responsibility under ss 44(1) (c), (2A) or 4ZA (1) (c) or (5) (got that?!), the presumption is raised that the involvement of a parent in the life of the child concerned will further the child’s welfare—unless the contrary is shown.
