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25 Child & Fam. L. Q. 270 (2013)
A Presumption That Involvement of Both Parents Is Best: Deciphering Law's Messages

handle is hein.journals/chilflq25 and id is 278 raw text is: 270 A presumption that 'involvement' of both parents is best: deciphering law's messages Felicity Kaganas* Keywords: Child welfare - shared parenting - mothers - fathers - presumption - symbolic reform The Children and Families Bill 2013 will amend the Children Act 1989 to introduce a presumption that it is in children's best interests that both parents remain involved in their lives after separation or divorce. This article sets out to examine the rationale for this change and to evaluate its likely impact. The reason for enacting the legislation is couched by politicians in terms of children's best interests. The new law is also intended to deflect allegations of bias made by fathers' rights groups and to ensure that parents do not take their battles to court. This article argues that the legislation is not primarily intended to alter the way courts make their decisions and that it is unlikely to change the behaviour of parents. It is also unlikely to placate fathers' rights groups. It may together with the withdrawal of legal aid, reduce the volume of litigation. But rather than being instrumental, the presumption is an attempt to use the expressive power of the law to reinforce a norm; it has a largely symbolic function. It is part of a 'moral crusade' to uphold the importance of particular notions of the father and his role in the family It is also meant to restore confidence in the much-criticised family justice system. The material effect that it may have is to change the balance of power in out-of-court settlements and in this way may prove damaging for mothers and children. INTRODUCTION A fter many years of debate, dissent, academic comment, political rhetoric and pressure from fathers' rights groups, the Children Act 1989 is to be amended to include what was initially designated a presumption of 'shared parenting'. Although shared parenting' is no longer mentioned in it, the Children and Families Bill 20132 Will nevertheless introduce a new presumption into the law. It will require courts, in Reader, Brunel Law School I am grateful to Christine Piper for her comments on, and advice on refocusing, an earlier draft. My thanks also to the anonymous referees. The Children and Families Bill 2013 was amended to remove the reference to 'shared parenting' in order to promote a clearer understanding of the meaning of the provision; the purpose of the new clause is 'not to promote the equal division of a child's time between parents' (DfE, Children and Families Bill 2013: Contextual Information and Responses to Pre-Legislative Scrutiny, Cm 8540 (TSO, 2013), at para 64-65, Annex 1 of Annex B) https://www.education.gov.uk/publications/eOrderingDownload/Children%20 and%20Families%20Bill%202013.pdf (last accessed 11 August 2013)). See further text to fn 55-57 below. 2 The Bill has been carried over to the 2013/14 parliamentary session.

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