I mentioned earlier the problems associated with polarised debates. There are lots of reasons why contact does not proceed, including obstructive parents, delays in the investigations associated with court proceedings, and a lack of resources for those who are supposed to give the kind of support about which the hon. Gentleman is asking.
I note that CAFCASS is developing a change to its approach to court proceedings, so that it can make more active interventions at the beginning of a case. In that way, it could facilitate early agreements and make use of the provisions in the Bill for contact activities. It would therefore be easier to solve problems at the beginning. ““Sort, not report”” is the strap-line that it uses. Instead of writing a report that could take 12 weeks to deliver, it will try to act more quickly to solve the problem. So perhaps a change of approach from CAFCASS, with good leadership and reasonable resources, is the way to ensure that there is support during court proceedings, when judges look for support for the directions that they give.
I want to move on to new clause 19 in a moment, but for completeness I want to mention a charity in my constituency called Stafford PAIRS, which stands for ““preventing abuse in relationships””. The charity is strongly supportive of risk assessments in cases of domestic violence or abuse. One of the partners to that charity, a worker with Women’s Aid in Stafford, told me that, of 18 clients with whom she had dealt since October 2004, three had expressed suicidal feelings because of the pressures of being compelled through court proceedings to allow the other parent contact with their child after domestic violence had caused the breakdown of the relationship. I want people to appreciate the other side of the argument.
New clause 19 is a procedural amendment that would allow grandparents the same opportunity to ask a court to allow contact that a parent has now. Parents are entitled, as of right, to apply to a court for a contact order, but grandparents are not. The new clause proposes that grandparents should have the same right to join in proceedings to ask the court to consider whether a contact order should be granted in their favour. I leave it to the hon. Member for East Worthing and Shoreham to explain why relationships with grandparents are beneficial to grandchildren. I merely say that grandparents should be given the opportunity to show that to the courts, and that court orders would then follow.
New clause 19 also proposes that other family carers—not parents or grandparents—who have cared for a child for at least a year ought to be at least in the same position as a foster carer who has cared for a child for a year, and should be able to apply to the court for a contact order. The new clause is a procedural device to put such people on the same level as those who already have similar rights under legislation.
As I seem to have little support from Members on either side of the House or from the Government Front Bench, I am not hopeful that my new clauses will make progress, but I believe that if the Bill is to prove a lasting success when enacted, we must do more both to ensure that children maintain contact with both parents, and to root out cases of domestic violence earlier.
Children and Adoption Bill [Lords]
Proceeding contribution from
David Kidney
(Labour)
in the House of Commons on Tuesday, 20 June 2006.
It occurred during Debate on bills on Children and Adoption Bill [HL].
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2005-06Chamber / Committee
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