Charlie Elphicke MP for Dover and Deal has introduced a Private Members Bill which is designed to ensure that children maintain a relationship with both parents on separation. The Bill is designed to require courts, local authorities and other bodies, when determining or enforcing issues of residence and contact, to operate under a presumption that the rights of the child include the right to grow up knowing and having access to and contact with both parents unless it can be demonstrated that there are exceptional circumstances which mean that such contact is not in the best interests of the child.

Under Section 1 of the Children Act 1989 the welfare of the child is paramount when a court determines any issue with respect to the upbringing of a child. We understand that the Bill is not intended to displace this principle. It should be remembered that contact is right of the child not the parent. It is certainly the case that in most cases it is considered best for the child to maintain a relationship with both parents following separation and also that sadly many parents lose contact with their children following separation/ divorce for a variety of reasons. Sometimes the non-resident parent does not wish to retain contact and sometimes the parent with whom the child lives is hostile to contact and the non-parent gives up trying or decides that forcing the issue would not be in the child’s best interests. Such a Bill would send out the message that both parents are important in a child’s life but it might also used by some parents as a stick to beat the other parent with. This is a complicated issue.

The Bill is due to receive its second reading on the 9^th September 2011 and we follow its progress with interest.

For advice on children issues or any other aspect of family law contact the team on 0161 926 9969 or info@mlpsolicitors.co.uk