The Ministry of Justice's plans to give fathers greater rights
in family law will have 'little impact', according to a Midland
legal expert.
Justice Secretary Ken Clarke announced an 'overhaul' of the
family justice system on Monday (February 6) that he claims will
put emphasis on children's need for a relationship with both
parents.
However, Justin Creed, partner in the family law team at
Midlands' solicitors Wright Hassall, doesn't believe that these
proposals will have much bearing on what happens within family law
on a day-to-day basis - and feels that such efforts would have been
put to better use by addressing more pressing issues.
He said: "These plans are all very well in principle but family
law is an area that requires every case to be treated differently
and on its individual merits.
"I am not confident that this announcement will have that much
impact on the ground.
"If the government is saying that it is an important principle
for children to have a relationship with both parents then that is
something that is already in place.
"Also, if this does come to be a part of law - once it has
progressed through a working committee - it will only apply to less
than 10 per cent of cases.
"This is because most cases are settled between parties
themselves; this will only come into force in the small number of
cases where they cannot agree."
Creed feels that the area of family law that warrants more
urgent attention is the enforcement of existing legislation.
"My view is that the law would be better served by clamping down
on parties that are deliberately flouting the conditions of current
court orders," he added.
"We have seen cases where one side will prevent the other parent
from having any contact with the children and this is where things
need to be changed.
"The authorities need to be given teeth to tackle this
problem."
Another of the changes proposed by Clarke was to encourage the
use of mediation rather than going through the courts.
Creed said: "Mediation is just one method of finding a
resolution."
"This is obviously the best way for parents to find an agreeable
solution but in our experience there will always be instances where
they just can't agree, meaning the courts have to be involved."
For more information about Wright Hassall, please visit their
website here: www.wrighthassall.co.uk