The majority of parents who separate establish well considered arrangements for their children between themselves. However, for various reasons, some parents seek the assistance of the court to determine these arrangements.
The government has recently announced that it will repeal the presumption of parental involvement under the Children Act 1989. In this article we outline the current orders under the Children Act 1989 and reveal the reasons behind the government's plans to repeal this part of the law.
When parents apply to the court for assistance in establishing arrangements for their children, the court has the authority to make different orders under the Children Act 1989. The most frequently issued orders are child arrangements orders, which is where the court decides on the level of a parent's involvement in a child's life such as, with whom the child shall live with, and how much time the child shall spend with the other parent. When a court is considering making a child arrangements order, it's currently required to take into account what is known as the presumption of parental involvement.
This means that from the outset, the court makes a presumption that a child has the right to have both parents involved in their life, provided that it's safe for the child.
However, the government has said it will repeal the presumption of parental involvement under the Children Act 1989, following the determined campaigning of Claire Throssell, whose sons Jack, 12, and Paul, 9, were killed in a house fire started by their father in October 2014, after he was granted access to the children.
Whilst the existing presumption may be disregarded in court if evidence arises indicating that a parent poses a risk of harm to the child, the ministry of justice has said complete removal of this specific law should facilitate faster decisions to limit the involvement of abusive parents' in the child's life. Justice Minister Sarah Sackman has said that the changes will happen "as soon as parliamentary time allows".
Understandable, this proposed change to the law may leave a sense of uncertainty amongst parents. Every parent wishes to ensure the safety of their child, and every parent will make decisions with the their child's best interests as the priority. The child's welfare will continue to be the priority of the court, whilst also focusing on the individual needs and specific family circumstances of each child, which is a crucial element in the court's decision-making process.
Our family team consists of experienced and knowledgeable family lawyers who provide guidance to clients both within and outside the court system regarding child arrangements. We're dedicated to ensuring that your child's well-being remains the primary consideration in any decisions made while managing child arrangements.
Contact our family team for further information.
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