Frances Gibb, Legal Editor
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The vast majority of disputes between parents over contact with children end with fathers having access, contrary to claims by campaign groups, new research shows.
Only one in ten separated or divorced couples end up going to court to fight over contact with children, it found, with most couples managing to agree arrangements themselves. When the intractable 10 per cent reach the family court, judges succeed in securing face-to-face contact in the vast majority of cases, the research, commissioned by the Ministry of Justice, shows.
The study, by the Oxford Centre for Family Law and Policy, looked at the perception that often the parent with whom the child is not living, usually the father, is awarded little or no contact for insubstantial reasons.
Bridget Prentice, the Justice Minister, said: “The wellbeing of children is at the heart of the family justice system. Courts should be the last resort for people involved in contact disputes, as mediation can be quicker and less stressful.”
However, where contact cases did come to court, the child’s welfare was always the paramount consideration, she said. “Clearly in some circumstances, such as where there is poor parenting or even abuse, contact can be very damaging.”
Under the Children and Adoption Act 2006, which is due to be implemented this autumn, courts will have new powers to help parents to overcome barriers to contact and more sanctions to enforce contact orders.
One quarter of the 12 million children in the UK have been involved in a divorce. About 90 per cent will live mainly with one parent, usually the mother. The majority of “contact” applications to courts are by fathers.
Simon Clayton, a father who has fought in the courts for the right to contact and who is a member of the campaigning group Families Need Fathers, said that though contact was welcome, what fathers wanted was the law to be changed to create a presumption – if geography allowed – of “shared care”, unless there were evidence that this would be unsafe.
The study, which looked at a typical sample across courts of 308 applications for contact, of which 77 per cent were made by nonresident parents, usually fathers, found that only 11 per cent of cases went to a contested hearing where the court had to make a ruling.
At the start of contested proceedings, only 28 per cent of nonresident parents had direct contact with their child or children. By the end, more than three quarters had secured an order for contact or agreement for face-to-face contact.
In only 14 per cent of cases was there to be no contact at all.
The study concluded that courts are not biased against nonresidential parents but it accepted that the residential parent - who had care of the child - started from a position of strength. The main obstacle to parents winning contact was usually the “resistance” of the parent with care of the child, not the courts, it said.
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My daughter India has just been born and already afetr months of support to the mother she and paying £45pw, stopped me from seeing my daughter, Now I have got totake her to court to gain acess. In the meantime she is shacked up with new boyfriend and I am working 2 jobs just to get her into court.
Wayne Brant, newcastle under lyme, staffordshire
Its about time that shared parenting meant exacty that. So often the mother wins even when she is the violent one in the relationship. Very few believe the man is the abused victim or the mother is mentally abusing her children. Women hide these facts beter than men and can make the man look at fault
Jess, Wivenhoe, England
hi iv recently split with my ex she making life very hard for me when it comes to seeing my boy..i only get to see him when it suites her and then its only for a matter off hours..could you tell me if i have any rights???
nathan, ripley, derbyshire
hi i have just split up from my partner we had been together for 12 years he sees his kids 3 times a week does he have the right to see them more?
toni maplesden, waterloovile, england
but a mother can't force a father to see his children, My ex see's them as and when he chooses, I 've tried to initiate alternate weekends, but he drops them at a moments notice when he has something better going on, he finds looking after 3 children stressful...He only has them 4 nights a month.
alison, norwich,
The current approach allows a determined party to use contact as a cudgel to attempt to force concessions in other areas of a divorce and the brainwashing referred to above makes it worse.
Trefor, Sandhurst, Berks
I spend considerable amounts of time helping parents (& children) in family courts. Huge numbers of parents make false allegations against the other parent to justify refusing contact. The allegations take months/years to disprove. In the meantime the 'controlling' parent brainwashes the children.
Dr Mark Gill, Southampton,
Why on earth should anyone have to "win the right" to see thier child?
In my opinion there is something fundamentally wrong with a process that forces one party to enter into an adversarial contest pato see a child that more often than not they have played a pivitol role with until that point.
Jono, Darlington,
I find this report shockingly misleading. At the core of society's problems lies the fact that both in law and perception family's do not need fathers and Courts will not uphold a father's right to see his child. Secrecy of family courts and a morally corrupt legal system lie at the core of this.
Andy, East Grinstead, West Sussex
The frequency, amount and quality of contact is not discussed, nor is the fact that contact orders are virtually unenforceable, and there aren't the resources to make the new Children and Adoption Act workable. Not my opinion, but the opinion of NYAS, CAFCASS and senior members of the judiciary. Michael Robinson, author of the Custody Minefield
Michael Robinson, Brampton, Cumbria
The article misses the REAL point COMPLETELY, the Human Right to BRING UP your own child equally to the other parent without question, in other words an automatic presumtion of MEANINGFUL Contact. This is what is being refused/not addressed in totality by The Judiciary.
Charles Adams, London, UK
The shadow of court decisions regarding contact, put off many non-residence parents from even trying for contact. What is interesting is how does these statistic stand when another government report say's that 40% of non-resident lose all contact with their children within 2 years of seperation!!!
Tim, Guildford, UK
usual game play on gender war. Most parents are not even regarded as parents any more. Rights for homosexuals who have no right to family life until they have relationship with thye child who obviously is either cared for and/ or created under IVF/ Adoption/ fostering. Chilling the abuse of family.
Shaun O'Connell, Portsmouth, UK
A complete failure exists, by the Court, to punish monetarily the obstructive parent with care who can just say 'no'....repeatedly, especially if female. 6 years in Court acting in Person at a cost of £100,000 hard cash example all that is wrong with the system. Others are unable to do what I have.
Charles Adams, London, UK
Yeah. Right. When I Petitioned the court to correct an inaccurate Support Report, Child Support Department audited their own report and concluded they were accurate. After eight months and a half dozen court appearances, I eventually got the 19,000 in credits due to me. Ask kids and fathers.
Mark Ruffolo, Oakbrook Terrace, USA
My experience of working in the Family Courts for 20 years is the opposite to yours. I have seen many anti-men reports often produced by CAFCASS. It is about time that there was a presumption of equal parenting.
Brian, Coventry
Brian Hitchcock, Coventry, England
Dads are supposed to be happy with 1 day/night a week.
If they go to court to fight for more it is insinuated that they will lose this if they don't agree. Threat of losing a fortune to then be penalized. Is it any wonder why the stats are as above. It takes an intelligence to see the reality story.
Steve, Newport, UK
Stop spiteful mums who wish to prevent contact for no good reason. Courts DON'T ENFORCE COURT ORDERS. Give dads equal legal parity on separation . Also make the courts "open" to avoid gross injustices like Mark Harris case. 133 court appearances.£1MILL taxpayers money, jailed for waving to his kids
nigel ace, clevedon, north somerset
The child's needs are paramount in law.
The judges think that one home with mother is the way to ensure the child's needs are met.
Most father's believe that both their relationship with their child and the mother's relationship with their child is far more vital for their child's needs to be met.
Steve, Newport, UK
The lawyer and judges are cashing in.
Why one has to go to court just to gain access to his children?
Looking at my mates in this situation, most had to spend years fighting just to get access. Years that will never exist again.
Not so such an issue when it comes to child support. Men pay
Lauren, London, uk
The court system puts people off that's why! It relies on the non resident parent having to prove their innocence while delaying their access to their child when there is no welfare issue to the child. In a criminal court it's "innocent until proven guilty", in a family court it's the opposite!
A, LONDON, UK
The issue for campaigners isn't the lack of court awarded contact, it is the presumption that contact is enough, and even when contact is awarded, the issue of ensuring it continues or is upheld is very difficult. Contact also encompasses many different forms, many aren't parenting or care of child
David, Manchester, England
I would also like to see grandparents rights to see their grandchildren legalised as it is here in France.
mary, Bages, France
It would be more interesting to see what was happening 2 - 4 years later. I suspect that you will find very different results showing that these contact orders can be flouted without censure, and most dads do not have the £5-10 000 needed for each case to regain contact if she ignores the order.
Peter, NW UK, UK
my sons father decided, (after years of intermittent and sometimes distressing contact) to apply for initially full custody, then overnight and holiday contact with our son .He was granted this in court and then promptly wrote to us to say that in fact he couldn,t see him any more at all.
sarah, chingford, england
Quote.
"most men are winning right to see children, study shows"
Question.
How many women have to fight to win that right ?
poiuyt, kingsburry, new guinea
And it's not just winning the right - it's the follow up with the father actually getting the contact....which is often ignored by the mother.
...and so it's back to court again...and again...until the father gives up because he's run out of energy to fight.
Rand Knight, Huntingdon, Cambs
This is absolute rubbish, I never seen my children who desperately wanted to live with me for over 2yrs. All because the mother moved to a new boyfriend she met on the internet who ended up assaulting them and her. Im back in court for the seventh time for residence but what chance do the children or I have when even the former Law Society president Martin Mears claims that the family courts are institutionally biased against men.
Layton Bevan, Neath, Wales
I am the founder of Shattered Men and have addressed this issue many times.
It is one thing to have the right to see your children, it is another thing to be able to do so. Often access is denied even though the court allows it. I have talked to many men who have not seen their kids in years
shattered men, Marion Indiana , United States
The study is wrong in my experience. Yes, the main obstacle is the resident parent, but this being the case, the Courts are failing children & fathers by not treating father's as having equal rights. Only those with money, & determination have any chance of gaining access, like me after 9 years.
Demetri Demetriou, London, England
In Law it is presumed mothers have residential rights. Fathers have NO RIGHTS in Court whatosever and woe behold a father who thinks otherwise. Fathers have to FIGHT for the right to see his children & often against a hostile mother who knows how to 'play' the Courts. RUBBISH CONCLUSION, LOOK AGAIN!
Demetri Demetriou, London, England
That is not my experience - I have not seen the girls I love dearly for 412 days today after a judge 'allowed' me to write to them once a month and send small gifts at appropriate times. I have not yet had one reply. He said "Any contact is meaningful contact" Not enough space here 4 full story.
Tim Line, Trowbridge, Wiltshire
Read that headline again. It's saying fathers dont AUTOMATICALLY have the right to see their child once they have divorced. They therefore have to "apply". It's degrading. If that right has to be TAKEN AWAY because of abuse or neglect then so be it but to have to ask/beg for access/contact?
Benny, Bedford, UK