Children and Families Bill

Debate between Lord Beith and Tim Loughton

Monday 25th February 2013 Commons Chamber

[Tim Loughton]

Can we nail that misconception straight away? The provision has nothing to do with giving rights to parents; it is about the responsibilities of parents and the rights that children should have. They have a right to have both their parents as involved as possible—[Hon. Members: “And grandparents.”]—as well as other kinship care. I suggest to the right hon. Gentleman that the reason why the addition of this provision to legislation—for the first time—is so important is that it sends a clear and strong message to resident parents who use the court system to freeze the non-resident parent out of their relationship with the children that it will no longer wash. We want to keep more cases out of the courts, to be agreed amicably in the best interests of the children. That is what it is about.

[Sir Alan Beith]

I entirely agree with the hon. Gentleman and former Minister on what we are seeking to achieve, but he should note that the press coverage is already suggesting something rather different, which is the sharing of time—

[Tim Loughton]

But it is wrong.

[Sir Alan Beith]

As the hon. Gentleman says, it is wrong; perhaps the Government will have to make it rather clearer that it is wrong. On dealing with the perception, even if it is false, that there is a bias in the court system, there is another issue that figures much more largely in the concerns of many non-resident parents, predominantly fathers, and that is enforcement. Court orders are made that appear to give them reasonable involvement in the life of their son or daughter, but they are not observed, and the process of enforcing them is long, time-consuming and ineffective. We urged the Government to produce proposals on enforcement. They concluded that, on balance, it would be premature to legislate now to give courts additional enforcement sanctions. What they hope to do is bring cases quickly back to court—preferably to the same judge. I welcome that; it would be highly desirable.