Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the adequacy of access arrangements through the family justice system for children whose parents are no longer together; and what steps his Department is taking to ensure that decisions are made in the best interests of the child while enabling both parents to play a meaningful role in their child's life where appropriate.

Judicial decisions in proceedings in the family courts relating to child arrangements are a matter for the independent judiciary, applying the relevant law.

The Government recognises the important role that both parents play in a child’s life where that involvement is safe, meaningful and positive. We are committed to delivering reforms to the family courts to ensure that the child’s best interests remain at the heart of decision-making.

The child’s welfare must be the court’s paramount consideration and the court must have particular regard to the factors set out in the ‘welfare checklist’ in the Children Act 1989, such as the ascertainable wishes and feelings of the child concerned, the impact on the child of any change in circumstances, and how capable each parent is of meeting the child’s needs. Where parental involvement is safe and in the best interests of the child, maintaining the child’s relationship with both parents will be supported by the court.

A key part of our reforms is the repeal of the presumption of parental involvement from the Children Act 1989 which will change the process of decision-making in family courts in order to ensure that courts make an open-minded assessment of what is in the child’s best interests when making decisions about parental involvement. Courts will continue to make orders for a parent to be involved in a child’s life where that is safe and in the child’s best interests.

The national rollout of the Child Focused Courts will ensure that courts have the information they need to make that assessment effectively. The model frontloads information gathering and risk assessment through the introduction of the Child Impact Report, which provides an assessment of issues through engagement with the parties, the children, and relevant agencies. This report is reviewed by a judge or legal adviser prior to final orders being made or a hearing taking place. This approach increases the evidence available to judges earlier in the case, and reduces the number of cases returning to court, protecting children and families from further trauma.

Together, these reforms equip courts to make safe and informed decisions about child arrangements while still recognising the important role that both parents play in a child’s life where that involvement is in the best interests of the child.