Family Law Amendments May Clog the Courts

Wednesday 13 June 2012 @ 2.46 p.m. | Legal Research

The UK Government is planning to enshrine the right of both divorced fathers and mothers to see their children in legislation as part of changes to family justice. The government is said to propose amending the law to explicitly recognise the importance of children having a relationship with both parents after separation.

Under these new amendments, the courts will have a legal duty imposed upon them to ensure that parents will have continuing relationship with their children in the event of a breakdown in marriage. Ministers have pointed to studies that claim a child’s continued relationship with their father would allow for greater social adaptability and less likely to become involved in criminal activities.

Leading lawyers in the area have criticised the proposed amendment as redundant and more likely to clog up the courts with appeals. It is claimed that judges already take these factors into consideration when deciding custody matters.

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