Proposed Changes to the Children Act 1989

There is a proposition to introduce an amendment to the Children Act 1989 to allow for a presumption of “shared parenting” in 2013.For both families and divorce solicitors this would mean that the Courts starting point would be that both parents would be involved in the raising of their child and there would need to be a clear reason why one parent should not be involved in a child’s life. An example of that would be a risk of harm to the child.

There are due to be big changes with public funding from April 2013 which will mean that unless domestic violence is involved, parents will no longer have the resource of public funding to make an application to Court.

It is hoped that with the presumption of shared parenting, couples would be more encouraged to reach a balanced arrangement / agreement on behalf of their children.  It is also hoped that this presumption will reduce applications to court.

A parent would have to apply to the court to rebut the presumption of shared parenting, which would only succeed in exceptional circumstances.

The theory is good but in practice when emotions run high after parents separate, only time will tell if this new change of law will assist parents to reach agreements.

As an experienced team of family lawyers and divorce solicitors Forbes Solicitors has the legal know how and compassion required to help families and couples through this difficult time.

Rubina Vohra

About Rubina Vohra

Rubina Vohra is a solicitor within the Family department at Forbes Solicitors. Rubina’s blogs cover her specialisms of all aspects of marriage breakups and separation with a heavier slant towards divorce, children and finances. Rubina also writes about changes in the law and report on topical/current high profile cases.

This entry was posted in Family Law.

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