ANNEX A – FURTHER DETAIL ON FAMILY JUSTICE PROVISIONS: Example 4
738.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.
739.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 and the court has to presume that it will further the welfare of the child for Parent A to be involved in the child’s life.
740.The child is 15 years old and the court has before it a section 7 welfare report that sets out that the child does not want to see Parent A or have any contact with Parent A as Parent A finds it difficult to come to terms with a recent declaration from the child that the child is gay and Parent A has refused to acknowledge that the child is gay. The child has expressed a strong wish to be able to explore issues of sexuality and feels that any contact with Parent A would inhibit this. The court decides that at the moment the child’s welfare will not be furthered by involvement with Parent A and the presumption is rebutted.
741.The court makes its decision, weighing this factor 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.