Consultation: Co-operative parenting following family separation

What is it all about? The consultation follows the findings of the Family Justice Review, which published its recommendations in November 2011. The government accepted the vast majority of the review’s proposals and work is under way on a package of reforms to help separating parents reach agreement on care arrangements for their children. The consultation seeks views on how best to amend existing legislation to emphasise the principle of shared parenting following separation. It also calls for views on how court orders in private family cases relating to the care of children can be more effectively enforced.

What are the main points? The government is consulting on four options to amend the Children Act 1989 to reinforce the principle that both parents should continue to play a role in their child’s care, providing it is “safe and appropriate”.
The government’s favoured option involves amending legislation so the court is required to act on a presumption that a child benefits from the involvement of both parents in the child’s upbringing, unless it can be shown that this is not the case. Option two would require the courts “to have regard to a principle that a child’s welfare is likely to be furthered through involvement with both parents”.

Option three would make the principle that a child’s welfare is likely to be improved through involvement with both parents, the court’s starting point in making decisions about children’s care. And option four inserts a new subsection instructing the court to enable the child to have the best relationship possible with each parent.

The government also wants to strengthen enforcement measures available to courts to deal with breaches of court-ordered arrangements for contact.

It is considering extending enforcement powers to mirror those that enforce payment of child maintenance. This would allow passports and driving licences to be withheld and curfew orders to be imposed on the parent involved.

Who can have a say? The consultation is open to all interested parties including separated parents, grandparents, family law professionals, and other service providers

When does it close? Wednesday 5 September 2012

When will the results be published? The results and the government response will be published on the Department for Education e-consultation website by the end of October.