§ The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Lord Filkin)This Statement is being made on a joint basis, together with my right honourable friend the Minister of State for Children, Young People and Families, the Department for Education and Skills, and my right honourable friend the Minister of State for Women and Equality, the Department for Trade and Industry.
I am pleased to report that consultation document Parental Separation: Children's Needs and Parents' Responsibilities (Cm 6273) is today being presented to Parliament.
Parental separation affects many children and their families. When handled well the adverse impact on their children can be minimised. When things go badly the effects can be very damaging for children, both in the short and longer terms. These risks can be reduced if parents can resolve parenting issues in an amicable fashion. Because of social changes, more children experience parental relationship breakdown than a generation ago: 150,000 to 200,000 parental couples separate each year. In addition, fathers are, in general, more actively involved in caring for and helping to raise their children.
Currently, only 10 per cent of separating couples with children have had their contact arrangements ordered by the courts, though the number of court applications for contact is rising each year, with the courts in England and Wales making 67,000 contact orders last year. The majority of applications are made by fathers, reflecting the fact that most children live with their mothers following separation.
I am clear that there is scope for considerable improvement in the way in which the family justice system, together with its associated services, deal with contact disputes. This view is widely shared among judges, legal practitioners and voluntary organisations. Some fathers' groups assert that the courts and the law are biased against them. I do not accept this view. However, what I do accept is that major changes are needed, in order to ensure that court and other interventions into family life become much more effective in helping to secure effective resolutions which are in the interests of the child. I strongly believe that in most cases it is very much in the interests of the child to have an on-going relationship with both parents. By improving the system, the Government can make their proper contribution to enabling more non-resident parents to enjoy meaningful ongoing relationships with their children.
Following the most careful consideration across government, we have determined that it would not be helpful, in any practical sense, to revise the principles that currently underpin the central piece of legislation—the Children Act 1989, in particular, the "paramountcy" principle, which makes the child's welfare the court's first consideration. This primary legislation, as interpreted and defined by the case law, already makes clear that 33WS both parents are equal and that both should continue to have a meaningful relationship with their children after parental separation, so long as it is safe. We fully accept that we need to make changes to the current system, and to support parents in settling their disputes, by providing more effective help for them to do so.
This consultation document puts forward proposals which are intended to help those undergoing parental separation to resolve their disputes more effectively so that children's needs are better met. They are based on the recognition that the primary responsibility for caring for children rests with parents rather than with the state. Their aims are three-fold. First, they aim to minimise conflict and support good outcomes, both for children and their parents, preferably without recourse to the courts. Secondly, they aim to improve parental access to those services which can enable them to reach agreements. Thirdly, they aim to improve legal processes and service delivery for those who do go to court. While most of our proposals are focused on the 10 per cent of parents who turn to the courts, a number of them are intended to be relevant to all parents who separate.
In developing these proposals, we have listened carefully to what parents and children have said. The consumer strategy work of the Department for Constitutional Affairs involved drawing together evidence from research and conducting workshops and focus groups with parents. The key message from the parents was that they wanted help and support to navigate the emotional and practical issues they faced during the breakdown of their relationship.
We have also consulted widely with the key stakeholders, including parents' groups, academics, voluntary organisations and service providers, including the judiciary, legal professionals and the Children and Family Court Advisory and Support Service (CAFCASS). It is this approach that will ensure rapid improvements at local level. Alongside the publication of this consultation document, the president of the Family Division and the chief executives of the Court Service and of CAFCASS are today writing to all judges, court service staff and CAFCASS officers to begin the process of change.
The consultation period, which begins today, will run until 1 November 2004. Comments and discussions about the proposals will be welcome. The Government plan to implement many of these proposals quickly and robustly and to pursue the legislation that is needed as soon as possible.