Gingerbread and the Family and Parenting Institute (FPI) have welcomed the government’s reaffirmation that the welfare of the child should remain the paramount consideration in the family justice system.

However, the organisations consider it deeply troubling that in its response to the Family Justice Review the government lays out plans to introduce legislation which will, in effect, undermine this principle by inserting an additional statement in law. This will fundamentally compromise the ability of the family courts to focus on the breadth of issues that contribute to a child’s ongoing welfare after family separation.

Children in separated families benefit from good quality relationships with both parents, where it is safe to do so. It is vital that courts are able to make decisions based on what is in the best interests of children in each case.

According to Gingerbread and FPI, introducing a new statement in legislation will add a layer of complexity to resolving disputes over children. It risks polarising parents at a time when they should be striving to set aside their differences. It will encourage parents to focus on what they want, rather than seeking a resolution rooted in their children’s welfare.

Contrary to the government’s aims of diverting families away from adversarial legal proceedings, this risks increasing litigious actions and detracting from a child’s best interests. The courts already operate on a pro-contact basis and seek to secure arrangements that promote a child’s ongoing relationship with both parents after separation in the majority of cases.

The organisations don't believe that legislation is the best way to get more fathers engaged with their children. Cooperative parenting needs to be established within couple families and early in a child’s life. Encouraging the take-up of parental leave and flexible working options would help parents juggle the demands of paid employment with caring responsibilities. Family services that target fathers as well as mothers would foster parenting knowledge, skills and confidence in both parents. It is these policies that would help parents to share the care of their children successfully in the event of a separation.