Family Justice

The Bill would make changes to family justice, including the law relating to care proceedings, and arrangements for children after divorce or separation.

Key provisions include, but are not limited to:

  • Clause 10 sets out the circumstances in which a mediation information and assessment meeting (MIAM) must be attended before family proceedings can be brought.
  • Clause 11 introduces a presumption that the involvement of both parents in a child’s life will further that child’s welfare, unless the contrary is shown.
  • Clause 13 sets out the circumstances in which expert evidence may be used in court for children proceedings.
  • Clause 14 introduces a 26 week time limit to proceedings for care & supervision orders, with provision for extensions in certain circumstances.

MPs are particularly interested in your comments on the practical implications of specific clauses of the Bill. Please make clear whether your comment relates to a specific clause or schedule.

This forum is now closed.

107 Responses to Family Justice

Kevin Hewick says:
February 24, 2013 at 11:30 PM
I found the family justice system to be a Kafkaesque nightmare where my having been a committed, caring, loving father was totally swept aside. My ex-partner said some absurdly inaccurate things that were unchallenged and heavily influenced my then 12-13 year old daughter against me. Whilst I accept CAFCASS is concerned with fair representation of the child's wishes and feelings that one-sided version of events was accepted as gospel and I had a CAFCASS recommendation that helped to ruin my case and that unquestioningly disregarded the truth about our formally close relationship. The bias toward the maternal version of events is still causing immense distress and injustice for so many fathers.
Stuart says:
February 24, 2013 at 11:26 PM
The changes clause 11 to the law would have a massive benifit to the children whos parents end up going to court just to be allowed to see them.
M H says:
February 24, 2013 at 11:01 PM
I also totally agree with clauses 10 & 11, but when mothers use False allegations to get what they want out of the court system, and get it! I was in Afghanistan and I was Kicked out of my home as my partner lied to the court. I would spend loving time with my son every week but as a father I only get every other weekend and that is if my ex partner isn't busy and then I have to wait until its my weekend again as she knows the system is on her side.
Lianne M says:
February 24, 2013 at 10:57 PM
Watching very good friends, who are excellent fathers, have to fight so hard to spend time with their children is heartbreaking. I am a single parent myself, but my ex-husband and I put the welfare of our children first. We put our own feelings aside as our children's happiness is paramount. Children need their fathers as much as they need their mothers. My children enjoy having two homes and always ask 'how many sleeps until we go to dada's' Equal rights should be given to fathers.
gail b says:
February 24, 2013 at 10:09 PM
i have concerns that if this is passed cases like the case of my grandson, who we now have residentcy of due to his mother being unable to care for him, will slip through the net, the judge ruled in out favour after he had consulted all the imformation presented to him, it also cost us thousands of pounds to get the desired outcome for our grandson who now lives in a very stable loving home, if he had stayed with his mother god knows were he would be now
Ricky D says:
February 24, 2013 at 10:07 PM
I really hope this bill is passed. Especially in relation to Clause 11!!

It's SO important for a child to have both parents involved in their life and as the law stands the father gets a really bad deal!! I'm not a father myself but know some wonderful dads who are going through hell trying to have even a tiny amount of regular contact with there children. It's heartbreaking and tragic for both the father and the child (Who doesn't get the choice and is simply denied their fathers love and care!)

Please, please change this!
Ian K says:
February 24, 2013 at 09:19 PM
I have spent Twelve years in court and never seen my children in that time because of the deliberate anti-father attitude and misandry in the family court system and the related civil services.

This Bill is vital but it is quite literally 1% of what changes need to be done to a deeply corrupt and perverse system of law that is poisoned by Feminism and profiteers .
Mr Christopher W says:
February 24, 2013 at 07:46 PM
As a NRP, I would welcome these changes as underlined in clauses 11 and 12. Not only would I welcome these changes but I believe that hundreds of thousands of children will also welcome these amendments with open arms. These amendments would be the start of a long road towards complete equal rights between the sexes and will clarify that one parent does not have a sanctified position in terms of the Law. If these amendments are not passed, we will continue to live in a society where one section of society is given power over another section of society which is ultimately the same scenario you would find under an apartheid style regime. Children do not see the richer parent as the better parent, they only see their parent! They are blind to gender, race, age and social status. All they see is the people they love and are loved from in return. I hope that these amendments are carried through in parliament and I hope that my points are helpful in getting these vital changes made.
Anne O R says:
February 24, 2013 at 06:56 PM
The family court system discriminates against the non resident parent predominantly the father.Faliure to attend mediation should carry penalties. I also believe the presumption of shared parenting would help prevent children from having a relationship with a loving parent damaged through no fault of their own.Ministers would need to enforce the guidance especially in magistrates courts.
D T says:
February 24, 2013 at 12:00 AM
Changes in legislation are desperately needed. I am shortly to appear in court for the 7th time and this is purely down to mum assisted by legal aid and using my son as a weapon.

I have made massive increases in contact since representing myself and although this is a very daunting step, have found that the court does work but is hindered in what in can set down.

Throughout my journey to increase contact I have met so many dad’s that have continued with representation and mum’s pattern to stall contact takes the same or similar path.

I do understand the welfare of the child must be paramount but a father who cannot continue in a bad relationship does not automatically become:- an alcoholic, drug user, violent, paedophile, or most of all a risk to his child. Each of the above seem standard accusations made by mum to hinder contact but when the truth is found in the negative nothing is mentioned! In any other court they would be charged by trying to mislead the court and wasting time of the court. I ask how can this continue?

I have attended mediation on two occasions and also attended a parenting class ordered by the court but mum will not look at me let alone speak to me, (for no reason I add) she obviously has philological issues but these are not looked at and of course I cannot mention this because it would reflect badly on me and would be deemed to be aggressive.

My ex. Can take on a new partner (I have no issues with that, I wish her well) but he does not have to have CAFCASS look into whether he is suitable to look after my son he doesn’t have to pay for hair strand tests, I don’t know anything about him but he sees my son more than the court orders allow his father.

Related information

What is Public Reading?


Public Reading is an initiative to give members of the public the opportunity to provide their views on Bills before they are made into law. This is the first Public Reading to be run by the House of Commons and is a pilot of the process. Comments on the Bill will be made available to the Committee of MPs responsible for examining the Bill in detail so that they can take them into account when deciding whether to make changes to the Bill.

About the Children and Families Bill


The Children and Families Bill contains provisions to change the law in several areas relating to children and families.

Explanatory Notes


The Government publishes explanatory notes alongside a Bill to assist readers in understanding the proposed legislation

Additional Comments?


Comments on areas not covered by the listed Bill topics, or broader comments on the Bill as a whole (including anything that you think should have been included in the Bill but is not) should be posted as an additional comment. As this Public Reading is a pilot, we are also keen to hear your views on the public reading process itself.

Public Bill Committees


A Bill Committee is appointed for each Bill that goes through Parliament and is named after the Bill it considers. Public Bill Committees have the power to take written and oral evidence. The Committee examines the Bill line by line and reports its conclusions and any amendments to the Commons, where MPs debate the Bill further.

Pre-legislative Scrutiny


Some provisions in the Children and Families Bill were published in draft form last year so that MPs could scrutinise them and recommend changes to be made before the Bill itself was introduced to Parliament. Four different Committees from the House of Commons and the House of Lords examined draft clauses.