Children and Adoption Bill [Lords]

I thank my hon. Friend for his timely intervention. That is precisely the sort of problem that we are trying to overcome, not only in this amendment but in others. That is not in any way to detract from the significant problems that are faced by families and by children throughout such proceedings. There are genuine problems associated with domestic violence and sexual abuse, but equally we have to ensure that parents do not use these provisions as a tool to beat each other over the head. A risk assessment must be undertaken only when there is a real risk of harm. The level of repeat applications as a result of breaches of court orders illustrates the concern about the motivations of some parents in this situation. They are obviously in a very small minority, but it is something of which we need to be aware. It is our No. 1 priority to ensure the welfare of the child is protected at all stages, and part of that is to ensure that they are not tied up in protracted court proceedings. My hon. Friend the Member for East Worthing and Shoreham and I recently went to a family court to see first-hand some of the pressures that children are put under in these situations, not by the courts but by the emotional nature of the proceedings. We must always get the balance right and ensure that we are, as the Minister is always stressing to us, acting in the best interests of the child, but we must not allow the tools in the Bill to be used in a way that I am sure that he and his colleagues would not wish them to be used. That is the point that we are trying to make. My hon. Friend the Member for East Worthing and Shoreham talked at some length about reasonable contact with both parents, so I will not delay the House with an equally detailed argument. I remind the House that it is not a requirement in law for a resident parent to allow contact with another parent, because it is viewed as a private matter, as is entirely proper. Dame Elizabeth Butler-Sloss has said:"““The courts naturally start with the view that in most cases contact between the child and the non-resident parent is desirable both for the child and for the parent.””" It is desirable, but it is not enshrined in legislation. We are talking about those who come to the courts to get resolutions to the difficulties that they face in separation and divorce. Only 10 per cent. of people in this situation undertake separation and divorce; 90 per cent. of them do not go to court. We should be concerned about the fact so many people do not undertake any formal separation procedure. In my constituency, that gives rise to several cases whereby some years after a separation parents can find that if relations break down contact with children can be lost. Settlements that have been reached informally can become difficult to keep in place if they have not been formalised, perhaps not through the courts but in another way. I should like the Minister to acknowledge that contact is associated with better outcomes for children. To all of us who are parents, aunts, uncles or grandparents, that is not something that we should question. It is a matter of fact that children who have contact with both parents experience much better outcomes in their lives. It is not just down to the fact of contact but to the nature of the contact that those children enjoy with both their parents. That is why we are striving to gain an acknowledgement from the Government that reasonable contact is crucial. Other hon. Members are in receipt of an excellent briefing from the university of Oxford’s department of social work and social policy which draws out the point that the mere presence of a father is not enough—it is the quality of the contact, the parenting, and the time that non-resident parents are allowed to spend with their children that are so vital. I urge the Minister to consider that further. I shall say a few words about the tighter definition of what constitutes a risk of harm to the child. It is important that we make risk assessments when there is a genuine risk of harm to the child. We cannot allow this provision to be used by parents who are not enjoying the best of relations—otherwise, they would not be seeking the guidance of the court—to formalise and legitimise the breaking of contact between a non-resident parent and a child. Our amendment would ensure that the Bill works in the way that we all want—in the best interests of the child. In reality, many non-resident parents lose contact with their children after divorce. I was disappointed when the Minister gave the House a very narrow version of the research that is available on this. He quoted from one source, but there are several differing sources. It is confusing, but we must understand that there is a problem for fathers, mothers and grandparents. The tone of the Minister’s response underestimated its importance; frankly, he was complacent. He should go away and think about this further. The number of people involved in divorce and separation is growing. The situation could be dealt with in one way a decade ago but has to be dealt with very differently now. There are 160,000 divorces a year, which is the highest number for a decade. Three million children have experienced divorce or separation. In 2004, 700,000 contact orders were awarded; in 1992, the figure was 17,000. We need to ensure that the Bill covers not only the few intractable cases but the very many people who are going through this. We must set out guidelines on how people should conduct themselves through that difficult process. It is our duty to protect a growing group of children. As my hon. Friend the Member for East Worthing and Shoreham said, 345 hon. Members have shown support for the concept of legal presumption of contact. The concept is supported throughout the House and I hope that the Government listen to the strength of feeling on that important matter.