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An article in the Telegraph recently suggested that Courts will be put under a legal duty to ensure that mothers and fathers are both given access to children in divorce settlements. Any parents refusing to accept the orders will find themselves in contempt of court and at risk of serious penalties, possibly imprisonment.

Campaign groups have argued for years that the father’s role in children’s upbringing should be enshrined in law. In the majority of cases, the present system sees family courts leaving children with their mothers. Figures from the Office of National Statistics show that one in three children, (the equivalent of 3.8million), actually lives without their father.

The decision goes against the main finding of the recent family justice review, run by businessman David Norgrove and published last November. In his final report, Mr Norgrove decided not to include plans to enshrine equal access rights in law. The government’s response to the Norgrove report is expected soon.

Children's minister Tim Loughton commented: “Our vision is to establish that, under normal circumstances, a child will have a relationship with both his or her parents, regardless of their relationship with each other. We must do everything we can to improve the system so that it gives children the best chance of growing up under the guidance of two loving parents.

All the evidence tells us that children genuinely benefit from a relationship with both parents, with the potential to make different contributions to their child’s development. The culture has shifted away from the traditional view that mothers are primarily responsible for the care of children. Increasingly society recognises the valuable and distinct role of both parents.

We are looking closely at all the options for promoting shared parenting through possible legislative and non-legislative means.”

For information on children and divorce, please contact James Haworth at Lawson-West on 0116 212 1080.