Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has considered introducing guidance for family courts on distinguishing between (a) a child who has never had an established relationship with a parent and (b) a child whose previously established relationship with a parent has been disrupted during proceedings.

The Children Act 1989, in particular the “welfare checklist” in section 1(3), already provides courts with the flexibility needed to make decisions for children in these sorts of different situations. The checklist remains an effective and enduring piece of legislation. It requires courts to pay particular regard to a list of factors that affect a child’s welfare, including the harm that they have suffered or are at risk of suffering, how capable a parent is of meeting the child’s needs, the wishes and feelings of the child and the likely effect on the child of any change in their circumstances.

This allows the courts to assess individual circumstances, however they may vary from case to case, while still considering specified factors. The checklist is already well equipped to reflect modern understandings of child welfare whether children have an established relationship with a parent, or not.