Divorced parents will have right to see their children under new law
- Those who refuse to accept ruling could risk jail
- Coalition hopes to succeed where Labour failed when it mooted curfews and electronic tagging in 2005
Ministers are drawing up new rules to
put courts under a legal duty to ensure divorced parents are guaranteed
access to their children.
Parents who refuse to
accept the orders will be in contempt of court and risk serious
penalties or even jail.
The move will delight fathers’ rights campaigners who believe dads are penalised under the present system which usually grants mothers custody.
Deputy Prime Minister Nick Clegg and
Tory work and pensions secretary Iain Duncan Smith have apparently
agreed a different approach which they hope will be more successful.
Around 3.8million children - one in
three - live without their father.
Last night children’s minister Tim
Loughton said: ‘Our vision is to establish that, under normal
circumstances, a child will have a relationship with both his or her
parents, regardless of their relationship with each other.
'We must do everything we can to improve
the system so that it gives children the best chance of growing up under
the guidance of two loving parents.
New families: Nick Clegg believes the Coalition's efforts will give more children the chance to grow up with two parents
'All the evidence tells us that children
genuinely benefit from a relationship with both parents, with the
potential to make different contributions to their child’s development.
'The culture has shifted away from the
traditional view that mothers are primarily responsible for the care of
children. Increasingly society recognises the valuable and distinct role
of both parents.
'We are looking closely at all the
options for promoting shared parenting through possible legislative and
non-legislative means.'
Mr Loughton’s comments indicate that
ministers have gone against a key finding of November’s family justice
review, which rejected equal access for mothers and fathers, saying it
would put too much pressure on judges.
It is believed that the law could be
changed by amending the 1989 Children’s Act to include presumption of
shared parenting.
Another option would be for the
Government to support a backbench bill by Tory MP Charlie Elphicke,
which will be debated later this month.
The bill requires courts and councils
which are enforcing contact orders for children ‘to operate under the
presumption that the rights of a child include growing up knowing and
having access to and contact with both parents involved’.
Nadine O’Connor, campaign director for
Fathers4Justice, said a Government move would be a ‘massive step
forward’.
'It is saying that dads have as many rights as mums,' she said. 'I will believe it when I see it, but the reform has to apply across the family justice system.'
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