What changes does the new parental involvement provision bring in?
The new provision contained in section 11 of the Children and Families Act 2014 amends section 1 of the Children Act 1989. It relates to the law on decision-making as to where a child should live and who the child should have contact with, after a relationship breakdown. Following the passage of the Children and Families Act 2014, where a court makes or approves this decision, it is now known as a child arrangements order (formerly residence and contact orders).
These decisions are required to be made in accordance with the welfare of the child. According to s. 1(1) of the Children Act 1989, "where a court determines any question with respect to the upbringing of a child ... the child's welfare shall be the court's paramount consideration". Section 1 contains a checklist of relevant factors that a court should consider when making a determination of what is in the child's best interests.
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