Children and Adoption Bill [HL]

moved Amendment No. 14:"Before Clause 1, insert the following new clause—"    ““DEFAULT CONTACT ARRANGEMENTS (1)   The Secretary of State shall by regulations establish a range of contact arrangements, to be known as ““the default contact arrangements””, appropriate for children of different age groups. (2)   In the case of any child, following the separation of those having parental responsibility for that child, the default contact arrangements appropriate for the age group of that child shall be deemed to have been agreed between those having parental responsibility for the child unless and until either— (a)   those with parental responsibility for the child agree any other contact arrangements for the child (with or without the assistance of a mediator or other outside agency); or (b)   the court otherwise determines. (3)   If a person having parental responsibility for a child applies for an order which would have the effect of excluding contact between the child and any other such person, the court shall deal with any such application as quickly as reasonably practicable, (having regard to the requirements of section 7A of the Children Act 1989 (c. 41)).”” The noble Baroness said: My Lords, I apologise for my late appearance today. I had to be elsewhere earlier this afternoon. Amendment No. 14 concerns a matter we have not hitherto discussed. Its origins lie in our discussions in Grand Committee and those that we on these Benches have had with a wide range of practitioners. We did not consult CAFCASS but could have done so. In its report Every Day Matters it stated:"““CAFCASS favours a strong expectation that parents, with support, will reach agreements about future arrangements for their children and it supports a shared parenting framework in cases where there is no indication of risk to the child. Contact levels should normally be substantial, including overnight and weekend stays, if a relationship between a child and his/her non-resident parent is to be maintained and properly developed. Having said this, continuity of care is important, especially for babies and very young children, and the needs of each child have to be considered irrespective of general policy positions””." That report talks repeatedly and at length about the need to act quickly when people separate in order to establish patterns of contact and behaviour which are in the best interests of the child. The amendment seeks to do a number of things. First, it recognises that there cannot be a universally suitable set of contact arrangements. Every case and the circumstances of every family will differ to some extent and there is a wide range of contact arrangements, varying from very limited contact in some unusual cases to fully shared parenting in other unusual cases. Nevertheless, there is a reasonable contact arrangement pattern which suits the circumstances of many families where parents live separately, particularly where the non-resident parent is in full-time work. In answer to a previous set of amendments the noble Baroness said something similar. Typically the pattern involves staying access every other weekend, for up to half the school holidays and every other Christmas and Easter. In addition, weekday access one day a week is quite common. Different arrangements often apply when children are very young, particularly for babies or where one parent lacks the necessary skills to care for a baby. Some of the problems with the current law have been alluded to in other amendments. There is no statutory model to which parents can look for guidance on the structure they might choose to agree between themselves or what arrangements might be regarded as being fairly typical. Some resident parents discourage or oppose contact on the misguided basis that a child would be better off without it. Practitioners have told us that, when people separate, the issue of property and which parent has the house are frequently bound up with the question of who will have contact with the child. The lack of any default contact arrangements makes resident parents who are opposed to contact less amenable to advice about the likely outcome of a court application for contact. Some non-resident parents are discouraged from applying for contact in the face of opposition by a lack of confidence about the outcome of such an application. In the absence of a set of default contact arrangements, unless there is an agreement to vary them or an order of the court, a resident parent can impose his or her will on the non-resident parent, unless the resident parent makes an application to the court. While such an application is pending, there is a tendency for the status quo to become established in a way that not only may not be in the best interests of the child concerned, but which also may be difficult to change once the matter comes to court. Therefore, we seek a set of default arrangements which parents, when they split up, can access easily. The provision would be in the Bill rather than being buried in case law. It would urge them to reach a framework for contact which suits them. They can vary it. And it would be in the best interests of their child. Parents are free, if they wish, to agree any other arrangements they choose at any stage. The court will approach every application for contact on its facts, without any statutory presumption. So the paramount interests of the child in the particular circumstances of each case will continue to govern the court’s decision-making. So, in summary, the amendment seeks to put in place an anticipated arrangement which separating parents will know about and which they can use to come to an arrangement which is in the best interests of the child. I beg to move.