Ken Clarke wans of child access plan 'dangers'
Monday 06 February 2012
Latest in UK Politics
Related articles
On Facebook
From the blogs
Disclosure: We’d never even been to a club when we made our first single
For most of us, reaching eighteen years of age opens up a new world for exploration, spontaneity and...
Top of the posts: Drunken rants, the Western Fail and misogyny pushers
The most read blogs this week, as determined by stats.
Sepp Blatter: Penalty shoot-outs must remain, they’re football’s great leveller
As England supporters, we should scorn at any such deciding factor within football. On so many occas...
Why do some men consider the street as a female meat market?
Pronouncements on sexual inequality in the UK are normally met with an eye roll by my generation. As...
Justice Secretary Ken Clarke has admitted there are "dangers" to proposals to give divorced and separated fathers stronger rights.
Plans unveiled by the Government would see the law changed to stress the importance of children having contact with both parents.
The move stops short of the guarantee of equal access demanded by some fathers' rights groups.
But it contradicts one of the main findings of the family justice review by former Whitehall mandarin David Norgrove.
Mr Norgrove voiced his "regret" last week that a legal right would be included despite his report warning it could cause "confusion, misinterpretation and false expectations".
Similar changes in Australia led to delays in resolving custody disputes, he cautioned.
Mr Clarke told BBC Radio 4's Today programme: "We are stating what I think is the view of most people which is that both parents have responsibilities and rights towards their children and the children are entitled to try and maintain contact with both parents if it's at all possible.
"What we are doing is going to state that principle in the law, because there are far too many people who think it's not being applied - although I do think the courts do apply it and try to apply it in most cases.
"But we are also going to have to draft what we do to avoid all the undoubted dangers in Australia which caused David Norgrove and his colleagues to be hesitant.
"We want to put back confidence, the courts will have proper regard to the position of fathers and the right of the child to have contact with the father, but of course in the end the interests of the child must be uppermost and it isn't always possible."
In a written statement to MPs this morning, Mr Clarke insisted the courts would still decide whether contact was "safe and in the child's best interests".
The new legislation will also make clear that a "meaningful relationship is not about equal division of time, but the quality of parenting received by the child", he added.
Asked at a daily media briefing in Westminster about the issue of legal rights for fathers, Prime Minister David Cameron's official spokesman said: "This was an issue that was considered very carefully both by the Cabinet Committee that looked at this report and in Cabinet a few weeks ago.
"The interim Norgrove report had suggested this as a way forward. Subsequently they went to Australia and looked at the experience there and decided not to recommend it.
"Clearly, there were problems in Australia. As the Justice Secretary was saying, we need to learn from those and make sure we draft the legislation with care."
The spokesman added: "What we are trying to do with all these reforms is look after the interests of children.
"We think that their interests are best preserved by moving to a system which is less adversarial, where more can be done to reach agreement, where the processes are more effective than in the past and where we can make more use of mediation."
Children's commissioner for England Maggie Atkinson welcomed the Government's commitments to placing "the best interests of the child" at the heart of the family justice system.
Ms Atkinson said: "Many children are caught up, through no fault of their own, for months at a time in a system that is hindered by delays and still fails to give them an adequate voice. A statutory six-month time limit on care and supervision proceedings will mean speedier decision-making and resolution for the children involved.
"We recognise the challenge in ensuring that all essential evidence is placed before the court within this timeframe."
And she said: "Any change to shared parenting arrangements must be undertaken in terms of the rights of the child, in accordance with the UN Convention on the Rights of the Child. In principle it is important, where appropriate, to support a child's continuing relationship with both parents after separation when it is absolutely safe.
"We welcome the Government's confirmation that legislating in this area will focus on parents' shared responsibility for their child and it is not about guaranteeing each parent an equal amount of time with children."
PA
- 1 Mark Zuckerberg saved $111m by selling Facebook shares before stock slumped
- 2 Osborne adviser leaked budget information to Murdoch's man
- 3 Brazil rocked by abortion for 9-year-old rape victim
- 4 Schoolboy spiked brownies with cannabis in cookery class
- 5 News in pictures
- 6 Britain's waste: Now it's coming back to haunt us
- 7 Lawyers told Hunt to stay out of Sky deal
- 8 In pictures: The bewildering face of China
- 9 UK plans for euro-immigrants surge
- 10 Is Ridley Scott the most macho man in movies?
- 1 Mark Zuckerberg saved $111m by selling Facebook shares before stock slumped
- 2 Osborne adviser leaked budget information to Murdoch's man
- 3 Brazil rocked by abortion for 9-year-old rape victim
- 4 Society: The only way is Finland
- 5 Schoolboy spiked brownies with cannabis in cookery class
- 6 Fat? Really? Olympic hope laughs off official’s jibe – but others aren’t amused
- 7 'Hello mum, this is going to be hard for you to read ...'
- 8 African monkey meat that could be behind the next HIV
- 9 Coke reveals its secret: It may need to carry a cancer warning
- 10 French in uproar over oral sex anti-smoking posters
Experience the Heineken Hub
Get free wi-fi and exclusive i content while you enjoy a tasty pint of Heineken at participating pubs.
Can you imagine a career in teaching?
Be inspired to teach - let real teachers show you how rewarding the job can be.
Playing a game-changing role during the Games
Cisco is providing the solutions for London 2012's complex IT needs.
Enter the latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Business videos from commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Career Services
Day In a Page
Ridley Scott: The most macho man in movies?
Gallic gourmets put France back on culinary map
The outsider: Margaret Howell
For men only: A pilgrimage to Mount Athos
Feeding a hungry world – or meddling with laws of nature?



Comments