Overview

This bill amends the Children Act 1989 to establish a presumption that children should have contact with both parents after separation or divorce, unless exceptional circumstances demonstrate this is not in the child's best interest. It makes it an offense for relevant bodies or individuals to disregard this presumption.

Description

The bill inserts a new clause (1A) into Section 1 of the Children Act 1989. This clause mandates that courts must presume a child's welfare is best served by maintaining reasonable access to both parents. This presumption applies unless exceptional circumstances prove otherwise.

Local Authorities and Other Bodies

The bill extends this presumption to local authorities and other bodies involved in a child's upbringing. Failure to act according to this presumption constitutes a criminal offense, with penalties to be set by the Secretary of State through statutory instrument.

Government Spending

The bill does not directly specify any government spending increase or decrease. The potential costs may include those associated with enforcement, potential legal challenges, and any additional training for those involved in child welfare cases. No figures are provided in the bill text.

Groups Affected

Children: The bill aims to benefit children by ensuring contact with both parents unless doing so is harmful. However, some children could experience negative consequences if forced contact occurs against their best interests.
Parents: Parents may be directly impacted, both positively and negatively. Those who believe contact with both parents is beneficial will likely support it. Those who oppose contact due to safety concerns or other exceptional circumstances may face challenges.
Courts and Local Authorities: Courts and local authorities will face altered responsibilities and potential legal challenges due to the new presumption and the criminal offense clause.
Other relevant bodies: Any organisations involved in making decisions about children's welfare (e.g., social services, child protection agencies) will be subject to the bill's provisions.

Powered by nyModel