Presumption of Parental Involvement
When parents are not able to reach agreement regarding arrangements for their child, and make an application to the court, primary consideration is given to the involvement of a parent in a child’s life. Under the Children Act 1989 (as amended by the Children and Families Act 2014), there is a presumption that the involvement of a parent in a child’s life and upbringing will be beneficial to the child unless there is evidence presented to the contrary. This often means that when allegations of domestic abuse are before the court, and they are not proven, it is considered that the involvement of both parents remains beneficial to the child, whether through direct or indirect contact. This can mean further exposure to domestic abuse from one parent to another.
After many years of campaigning by domestic abuse charities and survivors of domestic abuse, including Claire Throssell MBE whose two children, Jack and Paul were tragically killed by their abusive father, a Government review has been carried out and published, recognising that the current guidelines around may facilitate domestic abuse and place children, and a parent, at risk of further harm. Plans are now in place to change the Children Act 1989 to ensure that whilst it is beneficial to a child to have both parents in their lives, it must be safe for this to happen and be free from risk of harm. A date for when this will be incorporated has not yet been announced but the Government has indicated that this will be in the immediate future.
The Government have also announced plans to restrict parental responsibility automatically, where the holder has been convicted of a serious sexual offence against any child, and where a child has been borne of rape, and following conviction, have been sentenced to 4 years or more. Currently, parents are having to make costly applications to the court in private law proceedings for the court to consider whether it would be appropriate for parental responsibility to be restricted in these cases.
Campaigners, charities and groups have welcomed these announcements as a step in the right direction towards protecting families from enduring further abuse.
Changes to the law can have a significant impact on families involved in private children proceedings. If you are affected by these issues, or are unsure how the proposed changes may apply to you, our Family Law solicitors are on hand to provide clear and compassionate advice. Contact our team to find out how we can support you.
