Family Justice and Fathers

Thank you for contacting me about family justice and the rights of fathers.

You are right that the family justice system is responsible for making decisions that change lives, and the complex decisions of the court can have far-reaching implications for those involved. We must ensure that the system is delivering the best outcomes for children and families, while protecting those most vulnerable. 

The welfare of the child is the paramount consideration for the court when making a decision that will affect a child’s life, and I fully support the child-centred approach that our family justice system takes. Of course there is no doubt about the importance of fathers in the upbringing of their children, and following a change to the law in 2014, the court must now presume that a parent’s involvement in the child’s life will further the child’s welfare, unless the contrary can be shown. That change was intended to strengthen children’s rights to each parent’s involvement in their life.

Courts apply the presumption of parental involvement in a child’s life unless there is risk of harm to the child or the other parent. Orders limiting such involvement to indirect contact are usually reserved for cases where face-to-face contact is deemed unsafe. Such orders are relatively rare and the court will not take the decision lightly. Similarly where parents are in dispute and seek a court decision, the court must decide what form of parental involvement will best meet the child’s welfare needs. The quality of parenting, rather than any particular pattern of it, is the most important thing for a child. Parliament stopped short of introducing a presumption of shared parenting because every family is different, and every child’s needs are different, and the law provides for the maximum flexibility.

The Government has announced proposals to divorce law which would mean that the irretrievable breakdown of a marriage will remain the sole ground for divorce. At the same time the new proposals would remove the need to show evidence of the other spouse's conduct, or a period of living apart. A new notification process would be introduced to allow one, or possibly both parties, to notify the court of the intention to divorce. Finally, the proposals would remove the opportunity for the other spouse to contest the divorce, which serves no practical purpose. By removing the need for fault, there will no longer be an incentive to make allegations about the others behaviour, something that is very damaging for children.

Thank you again for taking the time to contact me.