Meeting of the Parliament (Hybrid) 25 August 2020
I do not support amendment 26, because I consider that it could have adverse consequences for child safety.
In an ideal world, it is preferable for a child to have a happy relationship with both parents, where possible. However, we do not live in an ideal world, and including the provision in the bill would be unwise and possibly dangerous for a number of children.
All research on the matter suggests that a presumption of shared parenting in any high-conflict case is likely to be harmful to the child. A large number of contact cases that end up in court concern reports of domestic abuse, and even those that do not are still likely to be high-conflict cases, given the very fact that the court is involved.
The amendment proposes residence on an “equal basis” as the default solution in every case, unless otherwise agreed. I believe that that would cut across the rights of the child, and I do not believe that it would be in their best interest. We heard powerful evidence in committee from children on their experience of imposed contact, which was harrowing and distressing. Amendment 26 would mean that, on request from any parent, even one who might not be a party to a case, the court must consider ordering residence on an equal basis.
Of course parents should have an equal part in a child’s life, but we cannot prescribe a one-size-fits-all approach, which is the effect that the amendment would have. Every circumstance is different, and child protection is far too important to take risks with.