Parental rights should not trump children’s welfare, says Robert Micklem
This month saw the close of the government’s consultation on “Co-operative parenting following family separation”.
This sought to assess:
how the Children Act 1989 (CA 1989) could be amended to ensure courts adhere to the general principle that, on separation, it is in a child’s best interests for both parents to continue to play a role in their care and be jointly responsible for that child; and
whether the government should strengthen the court’s enforcement powers to deal with breaches of court-ordered contact arrangements.
Shared parenting
When deciding children matters, the courts already acknowledge that it is in a child’s best interest for both parents to be involved in their life. However, there is no express legislation to this effect and this has led to a social perception that the law does not fully recognise the importance both parents play in the upbringing of a child.
The government believes that enshrining the principle in law will restore public confidence in the court process and help dispel notions that the court is biased
