Pictured: Nicola Walker
Family law specialists at Irwin Mitchell have called on the
government to ensure that the welfare of children caught up in
divorce always comes first, as they revealed concerns that new
rules on contact with children may only serve to increase the
number of legal battles between parents.
The Department of Education confirmed that it is considering new
regulations to ensure children spend time with both parents, after
stating that more needs to be done to ensure loving mothers and
fathers are able to continue to see their children.
However, Nicola Walker, a Partner and expert in divorce and
children cases at Irwin Mitchell's Birmingham office, has backed
calls from David Norgrove - the man behind a government-backed
review on the issue - that creating any legal right on the issue
may lead to more court battles.
She explained: "Judges already emphasise the importance of both
parents playing a full part in children's lives, rather than
contact with mothers or fathers restricted to only set days of the
week. So the idea of encouraging equal access has always been an
important view.
"It is vital to remember that each case should be viewed within
in its own context, including issues such as where children live
and the hours their parents work, and the welfare of children
should remain the paramount consideration in all cases.
"There is a major concern that making changes to legislation
may, rather than improve matters, make them worse. This is because
it could lead to an increase in parents getting involved in legal
battles to further their own interests, which could have a greater
emotional impact on children and also detract from a youngster's
best interests.
"It has also been widely acknowledged that similar 'shared
parenting' changes in Australia caused delays and disputes in
courts - something that should not be ignored.
"A better way to approach this complex issue than a change in
the law would be to offer more support to parents, through the
increasing use of mediation and better education for parents on how
they can best focus on the key issue of children welfare."
Alison added that divorce and separation is an emotional time
for everyone involved, including the children who are often caught
up in the middle of disputes.
She outlined: It is hard enough as an adult to understand
your emotions and how they impact upon your thoughts, feelings and
behaviour. As a child this is considerably harder as they don't
have the experiences that adults have had to measure things against
and fully understand a situation.
"If one parent feels anger and resentment towards the other and
wants to restrict their contact because of personal feelings then
the child is more than likely to pick up on this whether
consciously or unconsciously. Everything you do around your
children can impact upon them and shape their life and their
future.
"Ultimately, youngsters need to be able to live in an
environment where they are able to express themselves fully and
have an appreciation of their maternal and paternal family.
Although adults may not agree in some circumstances, this can help
lessen the impact of separation and divorce on their child."