From 22 October 2014, a new law will be in force in relation to children. The new presumption of parental involvement will be introduced.
The amendment will be made to the Children Act 1989. The intention 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.
When considering whether to make any orders, the court will need to consider this provision.
This new provision will presume a child’s welfare will be furthered by the involvement of each of the child’s parents in his or her life, unless it can be shown such involvement would not in fact further the child’s welfare. Involvement means any kind of direct or indirect involvement but not any particular division of the child’s time.
Nicola Whitley, family law specialist solicitor says, “This is not an automatic “ticket” to contact with a child, and a child’s safety is always a live consideration for the courts, but we may start to see a change in the way that Judges approach cases.”