Pictured: Family lawyer Fiona O'Sullivan, a Partner at Midlands firm Challinors, says divorced fathers could receive the same legal rights as mothers over the amount of contact with children if the coalition's proposals get passed later this month

Proposals under consideration by the Coalition government could see divorced fathers receive the same legal rights as mothers over the amount of contact with children in divorce settlements.

The government is expected to confirm its plans later in January, and the change could see Courts given a legal duty to ensure equality for divorcing fathers and mothers, as family lawyer Fiona O'Sullivan, a Partner at Midlands firm Challinors, explains:

"The Coalition is proposing to amend the law to ensure Courts have an obligation to make sure fathers and mothers have equal contact with children following divorce.

"According to the Office for National Statistics, one in three, or 3.8 million, children live without their natural father.

"Children's minister Tim Loughton said the government's vision is 'to establish that under normal circumstances, a child will have a relationship with both parents, regardless of their relationship with each other.'"

Fiona warns that negotiations over contact to children following a relationship breakdown must begin as early as possible: "For people not usually involved in family law, they should appreciate that the starting point in every case of relationship breakdown is for professionals acting for both parties to encourage mothers and fathers to ensure continuity of children's relationships with both their parents, especially for the parent who is not living with the child every day.

"In practical terms, the parents involved are usually struggling with financial commitments, juggling work, and often children's schooling, which combine to make it impossible for children to spend equal periods of time with each parent. However, experts working in this field, and the Courts too, have encouraged sharing time equally as much as possible.

"What is of greatest importance is ensuring that as soon as a parent separate, a regular pattern of contact is established, which enables the parent not living with the children, to enjoy quality time with them."

The present legal position is that where the parents are married, they both share equally in all the legal parental responsibilities for the children, but if the changes go ahead this may include a presumption of shared parenting. 

Fiona explains: "The difference is one of emphasis. Under the present law, it is entirely possible to share equally in a parental right, such as deciding which school a child should attend, whilst exercising only very limited contact to the child.

"The proposed change could therefore enable both parents to share what most parents regard as parenting which is the physical care of their children.

"Let's hope that if the law is changed, it will encourage separating parents right at the beginning of their relationship breakdown, to recognise and respect the crucial roles that each has to play in the lives of their children."

Fiona O'Sullivan heads Challinors Family and Child Care teams, which both scored highly in the latest edition of the Legal 500, which awarded the Family team the highest, First Tier ranking for the third consecutive year. The team is recognised for its high level of service which 'exceeds expectations', and Fiona O'Sullivan, is recognised for her 'personable, prompt and efficient' attributes and her expertise in the pension's aspects of financial settlements. 

Challinors has five strategically-located offices across the Midlands in Birmingham, West Bromwich, Wolverhampton, Halesowen and Nottingham. It has a team of over 200, including 17 partners, over 100 fee earners, and teams dedicated to providing specialist legal services from clinical negligence, criminal, personal injury, wills, trusts and probate through to corporate, commercial, dispute resolution, employment and property matters, and mediation services. The firm's teams are highly regarded and have received top tier rankings in both the Legal 500 and Chambers UK Directory.