Ken Clarke Sets Out Legal Rights Of Divorced Parents To See Children

Ken Clarke

Huffington Post UK   Dina Rickman First Posted: 6/02/2012 11:22 Updated: 6/02/2012 11:22

Ken Clarke has published plans to boost the rights of separated and divorced the fathers to see their children, as part of changes to the family justice system.

The justice secretary said on Monday morning "We're stating what I think is the view of most people, that both parents have rights and responsibilities towards their children, and the children are entitled to try to maintain both parents if it's all possible.

"But what we're doing is going to state that principle in the law, because there are far too many people who its still think it's not being applied," he told BBC Radio 4's Today programme.

After a similar change in Australia caused delays in custody cases for children, Clarke said the government would think "very carefully" about how to "avoid the Pitfalls of the Australian experience".

The government also said they would look at how children could maintain their relationship with grandparents.

Last week the department for education said the new rules would make it "much clearer that it is vital for children to have an ongoing relationship with both parents."

It comes after a review into family law led by former senior civil servant David Norgrove. However Norgrove's findings said any legal statement of rights of separated parents could lead to "confusion" and "false expectations."

On Monday Clarke said: "We are also going to have to draft what we do to avoid all the undoubted dangers in Australia which caused David Norgrove and his colleagues to be hesitant."

Children's minister Tim Loughton said: "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."

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Ken Clarke has published plans to boost the rights of separated and divorced the fathers to see their children, as part of changes to the family justice system. The justice secretary said on Monday...
Ken Clarke has published plans to boost the rights of separated and divorced the fathers to see their children, as part of changes to the family justice system. The justice secretary said on Monday...
 
 
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17:49 on 06/02/2012
This twerp was a wast of space in Thatchers governement, in Majors governement, and nothing has changed, he's still a usless headline hunter.
19:44 on 06/02/2012
To use a political term , I can only say , Here , Here. It just shows you what is lurking in the political background of Westminster, in the UK, while living at the taxpayers expense, and that is everyone in this country.! I am Scottish , and firmly believe that all four parts of this none existant `Great Britain`, should be split into individual countries, with, if necessary, a common federal agreement on defence. But it is my opinion, based on my knowledge , that a Scottish government would not so easily involve our nation , in what I can only describe as ` `semi legal` wars, of a dubvious nature.
I have knowledge of Westminster, pushing Engilsh companies to involve themselves , at a very early stage , in reparitive work , in at least 2 countries that were heavily bombed by the RAF, in our attempts to `assist` these oil producing countries achieve their `human rights`.( and possible more favourable oil export agreements )
On a lighter note , I think these countries should receive a personal visit from Theresa May. She would be much more be able to explain her Tory governements true attitudes towards `human rights `.
17:23 on 06/02/2012
My stepson spent 18 months going to court to get 2 (Supervised ) hours with his own Daughter. Another 6 months to get it raised to 4 hours.
Did he walk out on his Daughter No. Did he hit his partner No is he a drunk or an adulterer or a drug addict No Has he got a job yes. Does he pay child support yes.
The Mother is a filty drunk who keeps a freezing cold filthy house.
Clarke says people "think" the system is one sided. Yes they do Ken. Because it IS.
16:42 on 06/02/2012
I believe this legislation is already in the existing Children Act. What is required is to get rid of the "secret" family courts to effectively put Judges on trial and ensure they enforce the legislation.
16:21 on 06/02/2012
First think right been done by this present government. Yes good news for fathers here and their kids where they he young kids know they have parents and in their little mind it is hard to understand why they separated so as they groving up, their mind have balance mean education wise they are not disturbed by thinking that one has father where is mine? Mother always hide and give excuses after excuses but this way no excuses only truth because kids need to know love not game who is right and who is wrong. God Bless to this children
14:05 on 06/02/2012
I wonder what happens to those men who own a money making business, and the wife walked out because she met another man does that mean that the man can keep all the money? Now that mean those who run a business for years, even it’s been handed down from one member of a family to another, does that mean if a woman walks out, just because she fell in love with someone else, that the man has to give her half of that business? As a matter of fact before someone kills me it works both ways. In other words if it's the woman who owns the business then the same applies. Though in most cases it’s the man who owns the business.
It's so frustrating how someone can come into someone's life then when their fed up the f off with someone else then their entitled to half even part of that person’s business? That is just as important as shared custody of the children.
16:26 on 06/02/2012
There was one case many years ago where one couple were wealthy, mostly man had worked and female was house wife and after their one son they had got around 20 and female fell in love with her son age lover so she seek devorce. Court granted and she got half? In one national news paper the husband gave his story after the appeal he made which was, i worked all my life 265 a year and after all this year she used me to make money and she was behind my back doing this and now want my half wealth? Court said sorry fella law is law you got to give? Hard luck but it is life?
22:36 on 06/02/2012
Sorry godchild, your story is a wee bit confusing; I cannot get it perhaps you can make it a wee bit better to understand. Sorry not being sarcastic here just confused.
Thank you godchild
13:16 on 06/02/2012
There are certain times when a father or mother are best kept out of childrens lives .
13:35 on 06/02/2012
Sometimes maybe but this is for the majority. Its about time too. Equal rights dont make me laugh, well not if your white, english and male (without a disability) anyway.
16:30 on 06/02/2012
It is happening many times and it is not nice because kids left without knowing anyone except what the hell when they groven up their life becomes uneven ride and yes it could work but in most cases those who took over their livs, speaks up feeling it is their duty to tell this kids before they die? Hell loose out and it is like movie disturbing one. There is a dam film about this and yes hell pure hell to watch.
12:31 on 06/02/2012
Even when a father gets an order to see his kids no one will ever enforce it so it's not worth the paper it's printed on in first place..I had an order made to see my daughter and her mother kept going out just before i arrived to take her out, i could never get the order inforced because no court would go against the mother....
12:14 on 06/02/2012
wheres all the posts gone about Abu Q"uatada Huff ? are we not allowed to comment on this ?
13:09 on 06/02/2012
No apparently not - they don't really want to know how the British public feel. Same happens every time there is a story about the "M" people. Sorry I daren't say the full word on here.
19:14 on 06/02/2012
You are right , but that is demoracy for you , welcome to the land of the free and the brave.!
Where seldom is heard , a discouraging word, and they sensor your comments each day.!
11:59 on 06/02/2012
What about grandparents, dont they have rights to?Just because a relationship has broken down for whatever the reasons etc etc quite often the grandparents are also loosing out on seeing their grandchildren
12:20 on 06/02/2012
yes they do,thay have same rights as say a father who has been pushed out of childs life,they all have to go court to win the right and actually courts are more favourable towards grandparents so its an easier case to win,but as with this change in law they also state it is going to bring same rules for grandparents aswell