Give children and parents automatic rights to equal contact after separation

Create enforceable rights for children to have equal time with both parents, and each parent have equal time with their children, following separation where there are no proven safeguarding concerns. These rights should be enforceable without the need for lengthy court processes.

Resident parents retain control over child access and often withhold them without proper justification. This leads to non-resident parents fighting a lengthy court process which can be at the detriment to their and their children’s relationships. Lack of contact can also have an adverse effect on the non-resident parent and child’s mental health, which can lead to depression and anxiety, which can have disastrous consequences for individuals affected.

The Government is aware that a non-resident parent can face difficulties when attempting to spend meaningful time with their child following separation or divorce. We are also aware of the negative impact that this can have on the affected parties’ mental health and wellbeing.

When deciding who a child lives with or spends time with, the child’s best interests must remain of paramount importance. Under the Children Act 1989 sub-section 1 (2A), when considering making a child arrangements order the court must presume that the involvement of a parent in the life of the child will further that child’s welfare, unless there is evidence to suggest that such involvement would not further the child’s welfare or would put the child at risk of harm. However, the nature and extent of that involvement will then be determined by the court based on the facts of each case.

The purpose of this subsection is to reinforce the importance of children having an ongoing relationship with both parents after family separation, where that is safe and in the child’s best interests. This subsection is not intended to promote the equal division of a child’s time between separated parents. Involvement under the Act means any kind of direct or indirect involvement, but not any particular division of the child’s time.

As such, whilst there is a presumption of parental contact, there is no automatic presumption of equal shared parenting, because this must be based on the individual child’s circumstances, wishes and needs. If the court determines that a shared residence arrangement is appropriate, practical and in the best interests of the child, it can make an order to that effect.