Clarke warns of dangers of equal access rights for fathers

Justice secretary Ken Clarke has commented on the dangers that could be caused by the newly announced government plans to encourage both divorced or separated parents to have contact with their children.

Mr Clarke pointed to the Australian model which made similar changes and immediately experienced delays in resolving child custody disputes. He said that the changes the government has planned amount to stating in law a principle which most people already consider to be true - that "both parents have responsibilities and rights towards their children and the children are entitled to try and maintain contact with both parents if it's at all possible." His warning however was that the legislation has to be drafted in such a way as to "avoid all the undoubted dangers in Australia."

He emphasised that the child's safety and best interests should always comes first, but that the courts should apply the new legislation to give "proper regard to the position of fathers and the right of the child to have contact with the father." He clarified that it is not simply a matter of having equal time with children after a divorce or separation, but being allowed a meaningful relationship based on a high quality of parenting.

The changes in Australia resulted in courts often having to work out a solution that allowed both parents to have equal time with their children after a divorce or separation, and a family justice review carried out by David Norgrove said that the result was often that children suffered more when time limits on access to parents were imposed by courts.

If you are going through a divorce or separation in Northern Ireland and require legal advice in respect of child custody, child access, child maintenance, or any other aspect of your divorce, contact Wilson Nesbitt solicitors in Belfast or Bangor by calling 0800 840 1363.

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