The Final Report of the Family Justice Review was issued at the
start of this month, following a full review of the family justice
system in England and Wales.
To see the full report, please click here:
http://www.justice.gov.uk/downloads/publications/policy/moj/family-justice-review-final-report.pdf
Among its recommendations, the report ruled out giving both
parents equal access rights to a child, to the disappointment of
fathers' rights campaigners.
More specifically, the recommendations of the report in that
regard were that:
• 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; and
• a statement should be inserted into legislation to
reinforce the importance of the child continuing to have a
meaningful relationship with both parents, alongside the need to
protect the child from harm.
Responding to criticism of the refusal to recommend equal access
for both parents, chairman David Norgrove said, "Fundamentally,
this is not about the rights of parents, it's about the welfare of
children and we should be focused entirely on that."
In Scotland, "non-resident" parents with parental rights and
responsibilities have the right and the responsibility to maintain
direct contact and personal relations with their child, but they
may encounter difficulties in trying to exercise that right,
particularly where a split has been acrimonious.
In Scotland, as in England, the welfare of the child is the
court's paramount consideration in reaching any decision regarding
the care arrangements in place for a child. Contact with both
parents will generally be considered to be in the best interests of
the child, unless there are good reasons for the child not to have
contact with both parents.
If you and your partner are separating, or have separated, and
you need advice on how to work out arrangements for your children,
please contact one of our specialist team for advice.