Are the proposed family law reforms the end of fathers’ rights to be equal parents?

The family law reforms Commission has published draft legislation that would modernize the law relating to children and parenting. This includes a new category of ‘shared residence and day-to-day care’ which provides that “[a] child will have the right to live with both parents in the same way as they have now under the Parental Responsibility provisions”.

This creates a presumption that it is in a child’s best interests for them to be with both parents and this means that the Court may not always intervene to order the removal of a child from one parent. The draft legislation also proposes changes to the grounds on which an application can be made by either parent for an order for contact or care arrangements (such as access). In particular, it removes them as access

The Law Commission has proposed Draft Legislation to modernize the law relating to children and parenting.

The family law reforms Commission is an independent body that reviews and recommends improvements to the family law reforms It was established in 1998 by Parliament, and its purpose is to identify areas of existing or potential concern, develop proposals for reform or alternative models and encourage wider public debate on issues affecting family law reforms.

The family law reforms Commission has been asked by ministers (the Department for Education) to undertake a two-year review of current child arrangements in England, Wales, and Northern Ireland which will consider how they affect children’s lives; whether they are working well; what could be done better; what needs changing; if there are differences between different parts of the UK which might need additional consideration?

This includes a new category of ‘shared residence and day-to-day care’ which provides that “[a] child will have the right to live with both parents in the same way as they have now under the Parental Responsibility provisions”.

The proposed changes are concerning for fathers who want equal access to their children. For example, under the current family law reforms, a father can apply for shared residence and day-to-day care with his ex-partner but only if he does not have any other children at home.

The new family law reforms would expand the definition of ‘shared residence’, allowing parents to make decisions about the care of their young children together. This includes a new category of ‘shared residence and day-to-day care’ which provides that “[a] child will have the right to live with both parents in the same way as they have now under the Parental Responsibility provisions”.

This creates a presumption that it is in a child’s best interests for them to be with both parents and this means that the Court may not always intervene to order the removal of a child from one parent.

The presumption is in favor of the parents and it may be difficult for the court to intervene. The Court must still consider the child’s best interests and whether it is in the child’s best interest to be with one parent or another.

The draft legislation also proposes changes to the grounds on which an application can be made by either parent for an order for contact or care arrangements (such as access).

The draft legislation also proposes changes to the grounds on which an application can be made by either parent for an order for contact or care arrangements (such as access). In particular, it removes the ‘live apart’ ground for making applications for orders for contact or care arrangements.

The changes will have a significant impact on fathers’ rights nationally and internationally, especially because of their impact on children who may not be in a situation where they arrive with both parents. This is because w, without this ability, children may not have an equal relationship with both parents and therefore cannot receive proper support from them at school or university.

The proposed changes are concerning for fathers who want equal access to their children

There are some concerns that the proposed changes are a step, baback wardor father. For example, the family courts will no longer be able to grant joint custody or shared parenting rights unless it’s in the best interests of the child.

Additionally, if you have parental rights order (PRO) then your partner can apply for an injunction against you even if they don’t want to live with you anymore. It is unclear whether this new family law reforms would allow for PROs to be rescinded should there be any conflict between parties after separation or divorce

Conclusion

The family law reforms Commission has recently published draft legislation relating to parenting and children. The proposals are likely to have a significant impact on fathers’ rights under Family Law Reforms, which came into effect in 2014.

The changes include changing the presumption that it is in a child’s best interests for them to be with both parents, removing the ‘live apart’ ground for making applications for orders for contact or care arrangements (such as access), and removing provisions which give courts discretion over whether or not they should intervene when parents apply to remove their children from their current living arrangements family law reforms.