Fathers Rights After Divorce: Children's Legal Right To Both Parents

Children Both Parents

PA/Huffington Post UK   First Posted: 3/02/2012 07:58 Updated: 3/02/2012 07:58

Children will be given legal rights to see both their mother and their father in a shake-up of the family justice system, the government has signalled.

New rules will be "much clearer that it is vital for children to have an ongoing relationship with both parents", the Department for Education said.

Divorced and separated fathers will get stronger rights to see their children, in a recognition of equal parenting.

New rules will be "much clearer that it is vital for children to have an ongoing relationship with both parents", the Department for Education said.

But ministers looked set to disappoint fathers' rights campaigners by ruling out any legal guarantee of equal access.

A review led by former mandarin David Norgrove last year rejected the need for any legal statement of rights which it said risked "confusion, misinterpretation and false expectations".

But Children's Minister Tim Loughton said the state clearly had a duty to make sure decent, loving fathers were not "pushed out" of their offspring's lives and it would act to do so.

In its formal response to the report, to be published on Monday, the Government will pledge an extra £10 million for mediation services in a bid to reduce the number of cases going to law.

But when disputes end up being settled by the courts - presently around one in 10 - it will promise to find ways to ensure no parent is excluded unless they pose a safety or welfare risk.

A working group will examine potential changes to the Children's Act 1989 to embed the rights.

Mr Loughton said: "There is a familiar picture in the UK of parental separation leading to thousands of children losing meaningful contact with the non-resident parent, usually the father.

"It is right that we consider all the options to help ensure that children can continue to have an ongoing relationship with both their parents after separation.

"This issue affects the lives of hundreds of thousands of children and it would be negligent not to. It is also right that we continue to encourage fathers to take responsibility as equal parents and to be fully involved with their children from the outset."

He rejected calls from groups such as Fathers 4 Justice however for equal access, arguing it was simply impractical in most cases and led to longer delays in resolving disputes.

"The concept of 'shared parenting' after a break-up often gets confused with the idea of equal time that a child spends with each parent.

"A change of law in Australia designed to promote shared parenting fell into this trap and caused delays to the resolution of custody disputes, which was manifestly not in the best interests of the child. In all of this, the most important thing remains the principle that the child's welfare is the paramount consideration and this must not be diluted." "The state cannot create happy families, or broker amicable break-ups.

"But if children are having decent, loving parents pushed out of their lives, we owe it to them to change the system that lets this happen. "

FOLLOW HUFFPOST UK

Children will be given legal rights to see both their mother and their father in a shake-up of the family justice system, the government has signalled. New rules will be "much clearer that it is vi...
Children will be given legal rights to see both their mother and their father in a shake-up of the family justice system, the government has signalled. New rules will be "much clearer that it is vi...
 
 
  • Comments
  • 42
  • Pending Comments
  • 0
  • View FAQ
Post Comment Preview Comment
To reply to a Comment: Click "Reply" at the bottom of the comment; after being approved your comment will appear directly underneath the comment you replied to.
View All
Favorites
Recency  | 
Popularity
Page: 1 2  Next ›  Last »  (2 total)
08:30 AM on 03/16/2012
when are fathers actually going to have any rights of seeing there kids. Us fathers are made to fill inadequate from day one with this family justice system which is mainly run by women who are causing conflict to keep there jobs. I have now been trying to see my son now for over 6 months and I am trying so hard just to get though the days. I would love to know is this all about money or the cruelty you are causing are children.
10:40 AM on 03/15/2012
Man solicitor quitting over corruption, people/kids committing suicide because of so say family justice, society falling apart, now come on how much longer are we going to put up with this? we need change today.
07:53 PM on 02/05/2012
Here's what the select ministers including Mr Loughton need to know and understand:

Parental rights: parents do have rights including equality rights just like everyone else in every other aspect of modern society;

Equal parenting: 50-50 parenting is easy to arrange in all but the most unusual cases because it does not have to be on a daily, or a weekly, or a monthly, or even on a yearly basis -- it just has to work out that the parents share the child equally over time (no need to chop the child in two as proposed by King Solomon);

Welfare of the child: the community standard for the welfare of the child across the western world is protection of the child from abuse and neglect. It is a matter between the child-protection agency and any remiss parent. Child welfare has no business being discussed in family separation arrangements unless the child protection agency is engaged in the matter. Family law should encourage diversity in parenting (subject to the community standard) just as we encourage diversity throughout modern society, including our schools. Applying different standards for child welfare to parents in separation is arbitrary and unfair to both parents and to the child and it must be defeated in the best interests of a just society.
For more see: www.ex-fathers.org
photo
HUFFPOST SUPER USER
Ppenguinator
Life's too imprtant to be taken seriously.
11:31 PM on 02/03/2012
Good. Unless a parent is abusive in some way, there's no good reason for both parents not to have equal access.
This user has chosen to opt out of the Badges program
05:22 PM on 02/03/2012
The only other requirement to be made should be that divorced children remain in the household and it is the parents who come and go. This would establish a continuity of care and less disruption to the children's lives.
This user has chosen to opt out of the Badges program
05:17 PM on 02/03/2012
So then does this mean that a child can sue his/her father for not having contact with them?
09:51 AM on 02/04/2012
...and a child could also sue for non-payment of maintenance? All Fathers are equal, but some are more equal than others.
This user has chosen to opt out of the Badges program
03:44 PM on 02/04/2012
Yes. I suppose that's what separates the men from the little boys.
03:12 PM on 02/03/2012
When the mother can bring home any man she wats to stay over or live with the children, no questions asked and no court application needed, then there simply exists no logical reason why natural fathers who once lived with their kids cannot have a legal right to see their kids, enforced where necessary.

Unfortunately, this latest bit of government window dressing will not change one thing-just like ten years ago when the much hated Court Welfare Service was disbanded and CAFCASS was born-same nonsense, just a different badge, nothing new at all.

I went to court 133 times to see my three kids who all made it clear they wanted to see me but I got nowhere. None of the 33 Judges involved in that long and unhappy time (10 years) acted in my kids interests at all-but when the kids ran away from their mother to me the final judge FAXED me a residence order, and that was that, all over.

We since wrote a book about what happened to us called 'FAMILY COURT HELL', the title says it all.
02:50 PM on 02/03/2012
Its a real shame it comes too late for thousads of children. I know of cases where children have been forcibly removed from the UK by oe parent with the courts consent, only never to see the other parent again. It comes as no surprise that is often the father who loses contact. The courts just shrug their shoulders after giving your child away and say there is nothing they can do. Only today, a soldier was told that a child who had been living with him not his mother was going to have to stay with the mother when he was restationed to another part of the UK. Its about time the law changed.
Southern law girl
Researching my viewpoint....
02:21 PM on 02/03/2012
Anything relating to children under present legislation has to be done in the best interests of the child. This is the basis on which the Courts and Social Services are supposed to make their decisions, (I won't deal with SS here) apart from a few issues the Courts are reasonably consistent in this regard, because this is the essence of the Children Act. The right to see both parents is long overdue, and not to have been dealt with sooner is very bad, so bad it has definitely not been in the best interests of the child. Of course a child should be able to see both parents, regardless off the differences between those parents, and I think those in power should go one step further in that there should be consequences if either parent breaks the rule, ie strict liability unless there is serious reason not to abide by the rules. The only thing I can see which could be a problem is where parents don't stick to a set plan of visits, in other words, simply do not turn up. Now, I know this will certainly not be the case with most parents, but where you have a set of circumstances where emotions run high and the status quo has been broken, anything can happen with parents who would otherwise be rational and would not be unreasonable.
photo
HUFFPOST SUPER USER
David Daisy May Boldock
Yorkshire..Gods Own Country
02:49 PM on 02/03/2012
Definitely a dereliction of governmental duty that this has taken so long to come about, but nonetheless a good step in the right direction. I have seen far too many times where the Father has been impeded from seeing his kid(s), by a nasty malevolent unforgiving, totally intransigent wife. Will not bring back those poor sods that have committed suicide, but lets see this work!
Southern law girl
Researching my viewpoint....
03:02 PM on 02/03/2012
Hello David, I know, all those poor people who have been so depressed the result of which has been suicide, my heart goes out to their families, you can imagine the regret the intrasigent wives may, just may feel, and of course the children, always the children who lose out. Mostly the father who suffers this, but I readily accept this is not always the case and can be the other way around.I agree with everything you say!
01:58 PM on 02/03/2012
It is about time that some balance was restored to the access process in seperation/divorce cases. It has been far too easy for to long for whichiver parent gets custody to restrict access to the other. The effects can be terrible for all concerned in the longer term. Children need both of their parents (albeit part time) or risk repeating the cycle..
01:33 PM on 02/03/2012
We Live under a Law that Favours the Mother.
Fathers are Kicked out when the Benefits Kick In.
Southern law girl
Researching my viewpoint....
03:05 PM on 02/03/2012
Gosh, that's a point, benefits!
01:09 PM on 02/03/2012
Too little too late. After 12 years of MISSING seeing my kids playing and growing up, both of them (18+19 y/o) now are living with me. I can only thank the CSA and the Courts for losing my kids for 12 years. I am 53 y/o now, so it is too late for me.
Southern law girl
Researching my viewpoint....
03:11 PM on 02/03/2012
I am so sorry you have had this happen to you, children grow up all too quickly, so childhoods are lost for ever. Glad your children are with you now, you may be able to make up for some of that lost time, you are their Dad remember that, they only have one Dad! A Dad is the linch pin of the family, that is why they should have unfettered access to their children.
Craigzz
God must like pinball
01:03 PM on 02/03/2012
If your a father who is now absent from your kids lives, you really should'nt bother trying to get to see your kids, and you also should not support them financially. We are living in a world in which all power has passed to the female of the species, so just walk away.
This comment has been removed.
photo
HUFFPOST SUPER USER
Matthew Harrold
Huzzah!
12:57 PM on 02/03/2012
Too often the happiness of the children go out of the window as the parents turn them into emotional weapons against each other. I remember how my own folks bitter divorce went, and to put it mildly it put me off the thought of marriage, for life.