Eyebrows raised over MoJ’s statutory presumption plans
Family lawyers have expressed doubts about Ministry of Justice (MoJ) proposals to introduce a statutory presumption of shared parenting.
The MoJ sets out its proposal to amend the Children Act 1989 to promote shared parenting in its consultation paper, Co-operative parenting following family separation, published on 13 June. This contradicts David Norgrove’s Family Justice Review, which recommended against enshrining a shared parenting presumption in law.
Enforcement powers relating to denial of access could be placed on the same footing as those for refusal to pay maintenance. A mother or father who refuses to comply would then be subject to sanctions such as the withholding of passports or driving licences, and curfew orders requiring the parent concerned to remain at a specified address between certain hours.
However, the MoJ says it does not intend that children should spend equal amounts of time with each parent. It notes that existing sanctions such as fines and unpaid work orders are little used, and advocates “short-term punitive measures” in cases where there is a “wilful refusal to comply with an order of the court”.
Geraldine Morris, head of LexisPSL Family, says: “Proposed measures to enforce contact with a range of new penalties are unlikely to assist in already fraught family situations.
“The most beneficial measures for families dealing with children issues arising from relationship breakdown would be better resourcing of the courts to reduce the pressures caused by delays and wider availability of both access to legal advice and mediation services.”
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