Children: Access

(asked on 2nd June 2020) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department's policy on parents access to children is based on a presumption of equal access, subject to additional risk factors.


Answered by
Alex Chalk Portrait
Alex Chalk
Lord Chancellor and Secretary of State for Justice
This question was answered on 10th June 2020

The welfare of the child is the court’s paramount concern when making any decision about a child’s upbringing, including with whom the child is to live or spend time. The legislative framework is contained in the Children Act 1989, which is gender neutral.

While the court must presume that a parent’s involvement in the child’s life will further their welfare this can be rebutted, for example in cases of domestic abuse. If a parent can be involved in the child’s life in a way that is safe, the nature of that parental involvement will then be determined by the court based on all the facts.

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