Section 11 of the Children and
Families Act 2014 has come in to force today introducing a rebuttable
presumption that the involvement of both parents in a child’s life will further
the child’s welfare.
The introduction of this section
confirms that ‘involvement’ can be either direct or indirect and does not
therefore provide an unequivocal right for the child to spend an equal division
of time with both parents.
In reality the introduction of
this section of the act is unlikely to impact upon proceedings before the court
as in considering what is in the child’s best interests the Court must continue
to have regard to the Section 1 criteria.
This provides that the Court shall have regard to:-
(a)
The ascertainable wishes and feelings of the
child concerned (considered in light of their age and understanding);
(b)
Their physical, emotional and educational needs;
(c)
The likely effect on the child of any change in
their circumstances;
(d)
Their age, sex, background and any
characteristics of theirs which the court considers relevant;
(e)
Any harm which the child has suffered or is at
risk of suffering;
(f)
How capable each of the child’s parents, and any
other person in relation to whom the court considers the question to be relevant,
is of meeting their needs;
(g)
The range of powers available to the court in
the proceedings in question.
There will also be other changes
coming in to effect from 3rd November 2014 to hopefully assist more
parents and separated couples in accessing mediation. From the 3rd November if one party
qualifies for Legal Aid to assist with mediation then a non-qualifying party
will be entitled to attend the MIAM (Mediation Information and Assessment
Meeting) at no cost to them as well as the first mediation session. There after, any non-qualifying party will
have to pay for their costs associated with the ongoing mediation.
If you wish to discuss any issues
relating to the care of your child or family matters generally please contact
our team of experts. Contact details can
be found at www.gamlinslaw.co.uk. Alternatively please email me on sian.williams@gamlins.co.uk
