Fathers to get more rights? Children law to change
The media today is reporting that the Government is drawing up changes to the law relating to absent parents and the contact they have with their children.
Apparently, the aim of the changes is to try and ensure children have a "full and continuing relationship" with both parents. The changes may also include the introduction of forums other than court for resolving disputes.
As family lawyers we regularly deal with the issue of where children will live and how much they will see their parents.
With all due respect to the Government this area of the law does not need yet another generic statement as to a child's or parent's rights. What is needed are tools to enforce levels of contact ordered by the court. Most judges already agree that children should have a full and continuing relationship with both parents and most judgments will reflect that. The problem is how to ensure that the parent with care complies with the order.
All too often judgments are ignored. This is what needs to stop.
Despite being very experienced court litigators we support alternatives to court to reach agreement. Parents who can agree will normally stick to what is agreed. However, court proceedings are still needed for those cases where one or both parents are being so unreasonable that the decision has to be taken out of their hands for the benefit of the child(ren).
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