Children and Adoption Bill [HL]

I am a little confused by the groupings. Amendments Nos. 1, 3, 4 and 5 seem an integral part of any possible change to the Bill. The noble Baroness seems to be looking in detail at principles, but process might also be an important element in the way in which things work out. I should like to speak for a few moments on an experience from when I was lucky enough to visit Florida earlier this year. I was extremely impressed with what was being done there. Although what I want to talk about was not actually on my visit, I have subsequently taken the trouble to find out a good deal about it. What is important about the Florida principle is that its procedure is based on three underlying strategies. The first is the legal presumption of shared parenting—that does not necessarily mean 50:50—unless evidence can be shown that it is a danger to the child or there is any other strong contrary evidence. The second presumption is to maximise conflict resolution by the parties themselves. That has already been mentioned. The third principle is extremely early intervention. How this operates in practice is that if you file on the Monday of any week a notice that you propose to proceed to a divorce or separation, by Wednesday of that week or, by the very latest, by Thursday of the same week, you will receive a reply that states three or four things. First, it states that the court will make an assumption in favour of shared parenting unless a case can be made against it in the best interests of the child; and, secondly, that the couple are obliged by law, within a stated period, to attend a parenting advice session at which they will be told about the special problems of parenting after divorce and separation. The third condition is that either the couple must submit an agreed plan for the parenting of their children or, if they fail to do so within a specified period, they must attend together a mediation session. The mediator’s job is to try to facilitate the preparation of such a plan by agreement between the parents. Only if and when those procedures have failed can the applicant go to court. The effect of that approach has been, as I understand it, to reduce substantially the number of cases being brought to court, thereby releasing court time for dealing with the cases that need attention and creating situations in which more parents can agree amicably and the relationship is less damaged. The secret is the presumption of parenting and early intervention above all other things. By focusing the minds of both parents on their children’s future at the beginning of the process, before they start thinking about who is going to get the cat, the television or the Cadillac, the well-being of children is given the kind of priority that it deserves. I think that makes a difference to how the parents approach the issue. I think that that is all I shall say under the circumstances at this time.