FAMILY LAW IN TURMOIL – FATHERS AND GRANDPARENTS RIGHTS DENIED?

A Review headed by former Senior Civil Servant, David Norgrove, has made a series of recommendations which make proposals that fathers and grandparents should not be given any legal right to see children after a break-up.  What has been denounced by legal commentators as a “betrayal” of the family, the Report out today rules against giving men shared or equal time with their children when a relationship ends.  It suggests that fathers will even be denied the legal right to maintain a “meaningful relationship” with their families and this would “do more harm than good”.

The Report also challenges the Governments pledge to make it easier to maintain contact with grandchildren when parties separate, a problem that usually affects those on the father’s side.  The long awaited Family Justice Review which has made major headlines in the majority of the newspapers and has been branded “a monstrous sham” seeks to undermine David Cameron’s pledge to lead a more family friendly Government.  The Government has until January to respond to the review and Iain Duncan-Smith and David Cameron immediately sought to underline their commitment to do more for fathers and grandparents. 

However, it is likely that Justice Secretary, Ken Clarke, will back the review which could cause major division in the government ranks.  The review comes against the backdrop of soaring divorce rates and increasing numbers of children being born out of wedlock.  In 2010 there were almost three million children under the age of sixteen living in lone parent households and it has to be said that Mr Norgrove’s findings fly in the face of numerous studies showing that it is best for children to have extensive access to both parents following a break-up.  The review states “no legislation should be introduced that creates or risks creating the perception that there is a parental right to substantially shared or equal time for both parents”.

Mr Norgrove’s Review believes that enshrining such rights in law could slow down already lengthy and expensive custody cases.  Instead, the Courts should only be charged with considering the benefits of a meaningful relationship when they decide where children should live and how often they should see each parent.  The Review also rejects claims made by The Fathers Right Groups that the current system is bias despite figures showing that 93% of custody battles are won by the mother.

Instead of supporting legal protections for fathers and grandparents, the Norgrove report has laid out plans to encourage parents to settle disputes before they get to Court, suggesting that going to Court should be a last resort.  It suggests that all parents should be given advice on drawing up “Parenting Agreements” to divide the care of their children and that more use be made of mediation to resolve disputes.

However, James Deuchars, of Grandparents Apart UK, states that the report is trying to do away with the traditional family.  “The result will be more bitter and dissolutioned young children (boys) who join gangs”.

The report also proposes that child care cases should not last more than six months and has recommended the creation of a Family Justice Service whose sole aim will be to focus the work of all agencies for the five hundred thousand children and adults caught up in the family Courts each year.  The Court highlights that the family justice system is under huge pressure with care cases on average taking more than a year to resolve.  Approximately twenty thousand children are currently waiting for an outcome.

The report is sure to create huge debate over the coming few months whilst campaign groups and the judiciary alike waiting with baited breath for the government’s response.

If you have any concerns about where you stand as a result of these recommendations or if you have a family law problem please do not hesitate to contact Head of Family Law, Matt Clemence, at Edmondson Hall Solicitors on 01638 560556 or via email at mc@edmondsonhall.com