Shared parenting legislation, aimed at strengthening
relationships between parents and children after separation, could
detract from children's wellbeing, the Law Society is warning.
Responding to a Government consultation, published today, in
which ministers are proposing different ways to establish the
notion of 'shared parenting' after separation, Law Society
President John Wotton said: 'Introducing a legislative presumption
of shared parenting could lead to unrealistic expectations from
fathers, with a huge rise in fathers asking the courts for 'equal
time'. This could undermine the Government's drive towards
mediation and out of court settlements. The Government should avoid
any implication in the statute of any right to equal time with a
child, or any prescription of appropriate amounts of time.
The primary focus should be on the rights and welfare of the
children, not those of parents. The principle that the welfare of
the child is the court's paramount consideration should be
maintained.'
John Wotton pointed out that: 'The current legislation does not
favour one parent over another, but seeks to ensure that
arrangements following breakdown are based on the best interests of
the child.
'It is in a child's best interest to have a meaningful
relationship with both parents where it is safe to do so. The
benefit of ongoing involvement with both parents is already a
factor in the court's decision-making process.
'There is no doubt, unfortunately, that once a court has made an
order for access, and a father finds that the access is being
thwarted by the mother, there is no currently effective remedy for
the father. The Law Society therefore welcomes the Government's
intention to find more effective sanctions to enforce breaches of
court orders regarding care arrangements.'
Ends
Notes to Editors
The Law Society is the independent professional body,
established for solicitors in 1825, that works globally to support
and represent its members, promoting the highest professional
standards and the rule of law.
Contact: Catherine Reed, The Law Society
+44 (0)20 7320 5902