The question of children’s rights is back in the news with proposals that children should have a legal right to have contact with both parents after separation. Just what exactly is the position when it comes to contact between parents and their children?
At the moment there is no legal right for parents to have contact with their children after a separation or divorce and if parents cannot agree on what should happen, an application for a residence or contact order could be made to the Court. In deciding whether to order contact and if so, on what terms, the Judge hearing the case will consider a number of factors, the most important being the child’s welfare.
The question of whether there should be a change to the current law has been frequently discussed and debated over the course of the years. Last year, a review by former senior civil servant David Norgrove rejected the need for any change and rejected the idea that there should be a legal statement of rights, saying it risked “confusion, misinterpretation and false expectations”.
Certain fathers’ rights groups have sought a legal guarantee of equal access and Children’s Minister, Tim Loughton, has now said it is the state’s duty to ensure decent, loving fathers were not “pushed out” of their children’s lives.
Will there be any change in the law? It is proposed that as part of a number of Government Reforms, that the rights of both divorced parents to see their children is to be enshrined in law for the first time. Will this really happen? What is certain is that something needs to be done to ensure that both fathers and mothers have a continuing relationship with their children if a marriage/relationship breaks down.
The Family Team at Rix & Kay are proud to have a team of experienced lawyers who can help with any concerns you have about contact with your children. All too often the media presents ‘scare stories’ and examples of what are perhaps extreme cases. If you are worried about how any change in the law might affect you, or what the law currently says about contact between parents and children then please contact a member of our family team.
