Changes Planned to the Law on UK Parental Rights
The UK government has said that it intends to change the law on parental rights. Parents need to understand the proposed changes and how they may affect them.
In this blog, our Family Law Solicitors in London explain the proposed change in the law.
Contact OTS Solicitors Today for Expert Family Law Legal Advice.
The current law on UK parental rights
The law on parental rights is primarily contained in the Children Act 1989. The Act defines the concept of parental responsibility and specifies who automatically has it for a child and who can lose it. The Act also says that when considering making, varying or discharging some Children Act orders, a family law judge is to presume that, unless there is evidence to the contrary, the involvement of a parent in the child’s life will be best for the child.
The proposed change in law on parental rights
The government has announced it will repeal the presumption in the Children Act 1989 that the court, when considering making, varying or discharging certain types of orders for children, is to presume that, unless the contrary is shown, the involvement of a parent in the child’s life will further the child's welfare.
Timing of change in parental rights law
At present, London Family Law Solicitors cannot provide a timeline for the legislative change. This is because the government has said it will amend the 1989 statute when it has the parliamentary time to do so.
Impact of change in law on parental rights
What will it mean for parents if the Children Act 1989 is amended and the presumption in favour of parental involvement in meeting the welfare needs of the children is ended?
When the law changes, a family law judge will not assume that parental involvement is best for the child. Instead, the judge will look at:
- The evidence
- The child’s circumstances.
- The child’s welfare needs in accordance with the welfare checklist contained in the Children Act 1989.
Why is the law on parental rights being changed?
Campaigners have long called for a change in the law on parental rights. That’s because victims of domestic abuse felt that the abuse they had suffered and the risks of further abuse during contact between child and abusive parent were downplayed due to the presumption in favour of parental involvement in the 1989 Act. The Act does not limit any parental rights, for example, if there is a relevant criminal conviction or an injunction order with a finding of domestic abuse. Campaigners argue that the presumption favours bad parents and abusers. Various reports and commissioners agreed.
The government’s release on the change in the parental rights law
The full government announcement on the planned change in parents' rights law can be found here. The title of the press release makes it clear that the planned change in the law is to primarily protect children from abusive parents and to prevent abuse.
The child’s welfare will trump parental rights
When deciding applications such as:
- A child arrangement order
- A prohibited steps order
- A specific issue order
The child’s welfare will trump parental rights. The focus will shift from the assumption that both parents should be involved in a child’s life to the family law judge determining the court application based on their assessment of the child’s needs.
The change will not mean that a parent who has been convicted of a criminal offence, has harassed their former partner or been made the subject of an occupation order or non-molestation order will not be allowed to see their child. Instead, the presumption in favour of contact will be lost and replaced with a focus on the child’s welfare, as assessed by the judge, considering the welfare checklist in the Children Act.
What is the welfare checklist in the Children Act 1989?
The welfare checklist is a list of statutory criteria judges must consider when making many decisions about children, such as where a child will live after parental separation or divorce or the contact arrangements.
The welfare criteria include:
- The ascertainable wishes and feelings of the child concerned (considered in the light of the child’s age and understanding).
- The child’s physical, emotional and educational needs.
- The likely effect on the child of any change in circumstances.
- The child’s age, sex, background and any characteristics which the court considers relevant.
- Any harm which the child has suffered or is at risk of suffering. This includes emotional abuse.
- How capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs.
- The range of powers available to the court under the Act.
The welfare criteria should produce a court order that is bespoke to the child and their family circumstances. For example, a court may order no contact if the child wants parental contact but the risks associated with contact with an abusive parent are too grave. Alternatively, the court might order supervised contact or shared parenting in other family scenarios.
How the Family Lawyers at OTS Solicitors can help you
At OTS Solicitors, our specialist Family Lawyers can help you with:
- Legal advice on who has parental responsibility for your child and who can apply to court for parental responsibility.
- The circumstances in which a parent can lose parental responsibility.
- The law on parental disputes where two parents share parental responsibility.
- Moving within the UK and relocating overseas if you share parental responsibility.
- Applying for an injunction, such as an ouster or non-molestation order, to protect yourself and the children.
- Asking the court to make a child arrangement order, prohibited steps order, specific issue order, or to vary an existing order.
- Sorting out a financial settlement if you separate from a spouse or unmarried partner.
- Advice on child support and housing provision for children.
As Law Society-accredited Immigration Lawyers, we can also help you apply for Indefinite Leave to Remain if you are leaving a spouse because of domestic violence.
Contact Online and London Family Law Solicitors for Children Law Legal Advice.
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