ANNEX A – FURTHER DETAIL ON FAMILY JUSTICE PROVISIONS: Example 1
724.Parent A and Parent B are married and have one child together. Parent A left the marital home and Parent B refuses to let Parent A see their child. Parent A wants to be able to see the child at the weekends. Parent A applies for a child arrangements order that sets out that the child should stay over with Parent A from Saturday evening until Sunday morning.
725.Each parent is treated by the court as being able to have safe involvement with the child as no concerns are raised that Parent A or Parent B pose a risk of harm to the child. The presumption therefore applies in respect of each parent and the court has to presume that it will further the welfare of the child for Parent A and Parent B to be involved in the child’s life.
726.Parent B is very hurt and upset that Parent A left the marital home and feels that by leaving the home, Parent A has forsaken any “rights” to the child. Parent B, however, does not allege that it would not further the child’s welfare for Parent A to have involvement in the child’s life.
727.The court has evidence before it that the child had a very good relationship with Parent A before Parent A left the marital home. The court also has evidence relating to the child’s wishes and feelings that the child wants to see and stay with Parent A.
728.The presumption stands in respect of both Parent A and Parent B. The court makes its decision, weighing the presumption alongside the other considerations in section 1 of the Children Act 1989, with the child’s welfare remaining at all times the court’s paramount consideration.