Parental involvement presumption due October 22

Family|October 13th 2014

The presumption of parental involvement outlined in the Children and Families Act 2014 will come into force later this month, a senior family law judge has declared.

Sir James Munby, President of the Family Division, said the provision of section 11 will become law on October 22, six months after the introduction of the main act.

The section states that, when making an order concerning a child, the courts must presume that the involvement of both parents will be further their welfare, unless there is evidence to the contrary. It will not apply to hearings begun before 22 October 2014.

In its original form, section 11 involved a presumption of shared parenting, but this was changed to avoid expectations that the children of divorced or separated parents should spend equal amounts of time with each. It now simply defines involvement of the non-resident parent as:

“… involvement of some kind, whether direct or indirect …”

The courts will remain free to declare that involvement of the other parent would not be in the best interests of a particular child.

Author: Stowe Family Law

Comments(3)

  1. Stitchedup says:

    So watered down the bill has become impotent,,,, a complete and utter farce!

    If this is considered progress with regards to shared parenting, it highlights how evil and destructive current practices are!

  2. Kingsley (Kip) Miller says:

    The crucial factor is the phrase ‘direct or indirect’ because the UN Convention on the Rights of the Child is very specific. Contact should be ‘direct’. The effect of this amendment is to turn the child’s right to direct contact into a privilege and this is a sea change to the administration of the welfare of children in family proceedings. I have made a presentation to the UN (see website) and I should be very grateful for any input. kip

  3. Yvie says:

    Excellent point Kip. When will Governments ever learn. They can’t get anything right..

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