Children (Access to Parents) Bill

Official Summary

A Bill to require courts, local authorities and other bodies, when determining or enforcing issues of residence and contact, to operate under the presumption that the rights of a child include the right to grow up knowing and having access to and contact with both of the parents involved in the residence or contact case concerned, unless exceptional circumstances are demonstrated that such contact is not in the best interests of the child; to create an offence if a relevant body or person does not operate under or respect such a presumption; and for connected purposes

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Overview

This bill aims to amend the Children Act 1989 to establish a presumption that children should have contact with both parents after separation, unless exceptional circumstances prove this is not in their best interests. The bill creates an offence for those who fail to uphold this presumption.

Description

The Children (Access to Parents) Bill modifies the Children Act 1989. It introduces a new section stating that courts must presume a child's welfare is best served by having reasonable access to both parents. This presumption applies unless exceptional circumstances demonstrate otherwise.

Local Authorities and Other Bodies

The bill extends this presumption to local authorities and other bodies involved in a child's upbringing. It mandates that these bodies prioritize a child's welfare and act under the same presumption of contact with both parents unless exceptional circumstances exist. Failure to comply becomes a criminal offense, with the Secretary of State empowered to set penalties.

Government Spending

The bill doesn't directly specify government spending figures. However, implementation may involve increased costs for courts, local authorities, and potentially law enforcement to handle potential offences and associated legal processes. The exact financial impact will depend on the frequency of offenses and associated investigation costs.

Groups Affected

Children: The bill directly affects children involved in parental separation cases, potentially increasing their contact with both parents.
Parents: Both parents will be affected, potentially leading to increased contact for one parent or ensuring continued involvement for both, depending on the circumstances.
Courts: Courts will have altered legal presumptions that will affect their decision-making processes in cases involving children’s contact with parents.
Local authorities: Local authorities will also have to work under a new presumption regarding children and parental contact.
Law enforcement: They will potentially be involved in investigating and prosecuting offenses related to non-compliance with the new legislation.

Full Text

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