Proposed change to Children Act
Maypole's response
Maypole fully supports a child’s need to continue to have relationships with both parents, when those relationships are meaningful and safe. However, there are times when safety and contact conflict.
Following the Government's announcement to look in to changing the Children Act to include an emphasis on the importance of children maintaining relationships with both parents after separation, Maypole has written to the Working Party set up to consider the wording of such a change. We wrote:
'We write to express grave concern that there is no body of research to support a need to amend The Children Act 1989 to emphasise ongoing relationships when parents separate, and a mass of evidence to show such legislation, creating a presumption of shared care, is harmful to women and children.'
And:
'The proposed amendment does not address the predominant concern of mothers through the family court system, that is that there is a systematic failure to recognise domestic abuse and coercive control, and protect women and children.'
'The proposed amendment does not allow for sensitivity to the reasons why children may reject a parent after separation. Children who actively reject a parent - either the abusive or non abusive parent – usually do so in a context of high parental conflict and domestic abuse. Cutting off contact can be a response to alienation tactics, or a coping mechanism. '
We also highlighted several areas of inconsistency should such a change be introduced, including:
Will a child’s right to contact be upheld from birth, and will uninvolved fathers be held to account?
Will children who have a parent who works away from home for substantial periods of time have the same rights as other children, or will parental needs be allowed to take precedence in some cases?
And will resident and non resident parents all be given equal opportunities to relocate to find work, or will a child’s right to contact effectively immobilise the workforce?
We now await the conclusions from the Working Party on whether a change to the Children Act is feasible.
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