In November 2011, a report was published called The Family Justice Review. The report sets out recommendations aimed at dealing with delays in the Family Law Courts and provides guidelines to ensure children and families get the best possible outcome in disputes. Earlier this month, the Government published its response to the Family Justice Review and sets out how the recommendations will be taken forward.
The Family Justice Review identified that it is important for children to have and maintain a good relationship with both parents if they want to, and so long as it is safe, after parents separate. In recent years, shared parenting has become a more common arrangement following separation and the Court's have supported the idea that children should spend equal amounts of time with both parents. However, the Family Justice Review states that this approach may not be in the best interests of the children. Instead, it was suggested that parents are given more information when their children are born about their responsibilities as parents which may help less disputes arise upon separation and divorce.
The Government confirmed that it would support many of the suggestions made in the Family Justice Review apart from the views given on shared parenting. The Government considers that the importance of children maintaining an ongoing relationship with both parents after divorce and separation cannot be overlooked and it is difficult to see how this idea would not be in the children's best interests.
In any dispute concerning children, the Court's paramount consideration in accordance with the Children Act 1989, is the welfare of the children of the family. The Government's response states that Court should consider an ongoing relationship with both parents as something that in most cases will be extremely beneficial to a child's welfare.
It is a well established principle that children benefit from a meaningful relationship with both parents following separation. Only in very limited circumstances are Orders made that prevent contact taking place between a child and parent, such Orders only being made where the child is at risk of suffering serious harm.
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