Pressure from Campaigners for Presumption in Law of Shared Parental Rights
Campaign group, FNF Both Parents Matter Cymru, have prompted a call for a change in the law which presumes shared parental rights in divorce. The proposal would allow for a presumption that where parents separate, the default position would be that children would spend equal time with each of their parents. The campaign follows a YouGov survey which highlights the majority of the public support such a presumption.
The survey was commissioned by the campaign group and asked around 2,000 people to what extent they agreed with the proposed presumption in law. To get an accurate reflection of support for the change in principle, participants in the survey were asked to exclude circumstances where there was a proven risk to the child. Eight in ten of respondents were in agreement.
Suella Braverman the Conservative MP who introduced a family justice bill in 2017 was also inspired by the survey to call for a presumption of shared parenting in the law.
She said:
'Every child has a right to a meaningful relationship with both parents, but at present, the law does not make this clear. In the worst cases, "parental involvement" from divorce settlements can amount to little more than a birthday card, effectively airbrushing a non-resident parent from a child's life.'
Braverman went on to discuss how the court's assessment of child contact in relation to a non-resident parent is often based on views of family life, which are now outdated and do not fit modern family units.
'It is time the government exercises its potential to address the problem of children growing up in broken families and rectifies some of the serious injustices inherent in England's current divorce law.'
FNF Both Parents Matter Cymru outlined that the survey supports the proposed change in the law to make it clearer what 'normal' should look like when parents make the decision to divorce or separate.
Anne O'Regan, Vice-chair of trustees for the group, said:
'It's a living bereavement for the parents and grandparents we see at our support meetings, broken by the selfish actions of controlling parents who simply grab the children, pull up the drawbridge and say "Take me to court" knowing that this will be impossible for many to afford.'
The majority of private family law proceedings were removed from the scope of legal aid by The Legal Aid, Sentencing and Punishment of Offenders Act. This can make it difficult for families to get the legal assistance they need. Family mediation is still available and is eligible for legal aid, and can be a useful way of resolving family disputes.
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