Since the first edition of Fathers Matter was published in October 2003 there have been a number of developments in this area of family law. The law is increasingly having to expand and adapt to the different situations which may arise when parties separate and/or divorce to take account of the variety of “family” relationships within our changing society. This is reflected in the introduction of both the Adoption & Children Act 2002 and the Civil Partnership Act 2004. A civil partner in a registered partnership is now able to acquire parental responsibility of his/her partner’s child in the same way as a step-parent – and so giving rights to single sex-partners. Gay and lesbian parents may adopt under the Adoption & Children Act 2002. Lesbian couples may have a child by donor insemination.
Relationships where one or either party already has children from one or more previous relationships are hardly new, but there are an increasing number of cases where the party applying for an order under the Children Act 1989 has no biological connection with the child or children who happen to be the subject of that application.
The difficulties of promoting, facilitating and enforcing contact between children and parents who do not live with them are ongoing. The Children & Adoption Act 2006 includes new measures to deal with this. Over the past few years the Department of Constitutional Affairs (DCA), which replaced the Lord Chancellor’s Department in June 2003, has produced a number of consultation papers to address key reforms in this area in response to direct criticisms of the family court system and mounting pressure for change from campaigners both within and outside the legal system.
In 2004 the DCA produced a Green Paper Parental Separation: Children’s Needs & Responsibilities setting out its agenda for reform, following which the Constitutional Affairs Committee carried out an inquiry Family Justice: the operation of the Family Courts to consider the Government’s proposals and to seek submissions from interested parties on the proposals covering issues such as collaborative law, mediation, protection of children from harm, case management (earlier listing of hearings, reducing delay, judicial continuity), post-order follow up, use of Family Assistance orders to facilitate contact, and better enforcement measures.
Following the enquiry the Government produced its report Next Steps setting out its agenda for reform, but this did not include legislating to introduce a legal presumption of reasonable contact or of shared care. This remains a contentious and highly emotive area.
In 2006 the Government produced more Consultation papers. These included:
All these proposed reforms and more are considered in the second edition of Fathers Matter.
