Fathers to have more rights over child custody

Today marks key changes in family law, with shared parental leave regulations coming into force.

Lawyers have also revealed that other key changes in recent weeks will have far reaching conferences for fathers and their custody of children when a marriage breaks down.

At the end of October, section 11 of the Children & Families Act 2014 came into force. This new law requires the Court to presume, unless the contrary is shown, that involvement of each parent in the life of a child will further the child’s welfare.

Michael Pratt, family law specialist at law firm Maxwell Hodge said:

“Section 11 will bring about greater consideration from the courts when it comes to fathers rights over children after a divorce. The new law makes the assumption that both parents need to be involved in a child’s welfare. Such involvement is defined as either direct or indirect, but section 11 sets a legal precedent on the importance of both parents, not just one.”

What this means practically for divorcing couples with children will vary according to each case, but Michael believes the ruling will lead to fairer resolutions for fathers.

Michael added:

“Often fathers feel excluded from their children when a marriage breaks down but now the rights of both parents taking a part in their child’s welfare are enshrined in law. The result of this means we can expect to see the courts giving more shared parenting orders and ensuring that both parents have the opportunity to spend time with their children and make decisions jointly over their welfare.”

For more information and advice on the legal services Maxwell Hodge offers visit www.maxweb.co.uk or call them on 0151 227 4545.


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