UK Parliament / Open data

Children and Adoption Bill

I am sorry to hear that. The onus is on local community family trusts to try to raise as much money as they can. Some of the central support for the work of community family trusts has been cut and I hope that today’s debate will enable Ministers to review some of those decisions. As the hon. Member for Stafford and others said, it is right that the focus should be on mediation, avoiding cases going to court in the first place and early intervention. I, too, have examined the situation in Florida, which is also mentioned in the Department for Education and Skills publication, ““Children’s needs, parents’ responsibilities””:"““Schemes to divert parents away from court have been developing, including the scheme led by Judge John Lendeman in Florida whereby parents are given information about the damaging impact of their conflict on their children and invited to work out a parenting plan with the help of a mediator. Other programmes are being developed to help and support parents by teaching about their new roles as collaborative mothers and fathers after separation.””" We should be going in that direction in the United Kingdom, and I share the concerns expressed by the hon. Member for Stafford that the Bill does not explicitly state how we can do so and whether sufficient funds are available. Clause 4 deals with the enforcement of court orders, which remains an area of great concern to me. Over the past four and a half years, several constituents have come to me to complain about this. Typically, they are good, concerned fathers who regularly pay their child support as they should, month by month. Some of them have been back to the court 30 or 40 times to try to get their disputes resolved and to have enforced the contact that they have been granted by the court after it has weighed up all the considerations. They have come to me and said that neither the court nor the police have been interested in ensuring that the contact that they were granted is enforced. That was graphically illustrated to me in my constituency surgery about two weeks ago, when a serving company sergeant-major came to see me. He sat down in front of me and took off the fleece that he was wearing, and right in the middle of his chest was the symbol of his office as a warrant officer in the Army—a large crown. He said, ““I don’t believe in the antics of Fathers 4 Justice””—who, it is worth remembering, have physically changed the shape of this Chamber since we last debated these issues. He went on, ““I stand for what this country stands for. I am a serving soldier and I have done everything right. I pay all the money that I am required to. I have a court order that has stamped on it the same crown that I wear as the badge of my office, yet it is not worth the paper it is written on in terms of my ability to see my children.”” That is an absolutely scandalous state of affairs for a good, caring father who has every right to see his children, and whose children will be missing out on the input of a good and dedicated father. The tragedy is that the gentleman who came to see me is one of 7,000 non-resident parents every year who find that the court orders that have been granted to enable them to see their children are being breached. My worry is that it is not sufficiently clear exactly what will happen if these contact orders continue to be breached. When I intervened on the Minister during her opening speech, she said, properly, that the matter would be left to the courts. However, as Members of Parliament, we collectively represent the High Court of Parliament. It is important that we make it absolutely clear that, where people have acted properly, the court has duly considered all the information, the non-resident father clearly has no history of domestic violence or anything similar, and the court has said that contact must happen, that contact is in the best interests of the child and we must ensure as a Parliament that it happens. That is fundamental. If the constituent whom I spoke about, or any other such constituent, comes back to see me after the Bill has passed into law, I will feel that I have failed him if the contact that the court has said that he should have with his children, and his children with him, is not being granted. I am sure that the Minister understands the seriousness of this. We have to ensure that the law has teeth and that where contact has been ordered it really does happen. The difficulty will centre on what series of escalating steps—my hon. Friend the Member for East Worthing and Shoreham mentioned this—is put in place by the courts to bring that about. It is clearly sensible to have parenting intervention programmes to try to convince parents to do the right thing. I like the idea of giving compensatory time. We could also consider fines going from one parent to the other so that the child does not lose out, with perhaps some mechanism to ensure that that money is indeed spent on the child. It is a vital issue. Many non-resident parents—often fathers—give up their house and the day-to-day care of their children. In many cases, another man moves into their house and lives with their children for most of the time. If the one thing that they have been given—a right by a court to see their children—is flouted, it is a massive injustice for the children and the non-resident parents. I echo all the points that have been made about grandparents, but why confine the comments to grandparents? Uncles, aunts, cousins and the extended family generally are vital for the development of our nation’s children. Many of us have benefited from close relationships with all members of our extended family. Our view of the family is much too nuclear in this country and in several European countries. We could greatly benefit from a more southern European approach. Contact and enforcement is important not only for the non-resident parent but for all those who have loved and cared for children. For many grandparents, uncles and aunts, the children whom they will not see have been an incredibly important part of their lives. We must ensure that the matter is taken seriously for their sake, too. I want to raise a practical point. We cannot legislate for it, so it properly does not appear in the Bill, but it concerns me and I should like to consider it. When non-resident parents travel some way from their homes to see their children, there may not be a contact centre in which to see them. Supervised visits have to take place in a contact centre, but if the visits are unsupervised and there is no contact centre, where do they go? There is an expression, ““McDads””. In the summer, it may not be so bad—perhaps there is a park or another place outside on a warm day—but where, physically, do we expect non-resident parents to spend any quality time with their children? I am not looking for state provision from the Minister but I am trying to think of solutions. Perhaps charities can help. We have heard much about children’s charities today. Perhaps the NSPCC or other charities that have been slightly criticised may like to consider the problem. Perhaps churches, faith groups or anyone in a community who has space in their home and a heart for such matters could help. Perhaps arrangements could be made to put non-resident parents and their children with people who would like to open their homes to them. The non-resident parents could relax and play with their children in a familiar, family environment. That would have to be done by agreement and negotiation, but it is an important matter that some of my constituents who are non-resident parents—and non-resident grandparents—who have to travel some way have raised with me. I do not look to the Government for an answer—it is properly not within their remit—so Ministers can relax. However, I hope that they at least agree that it is an important matter to consider in the context of the care of children with non-resident parents. Other hon. Members have mentioned delay. ““Justice delayed is justice denied”” is a common saying about the law. That is nowhere more true than when children are involved. Childhood is finite and crucial. If a parent misses specific stages of a child’s development, they are gone for ever. That is a tragedy. Speed is therefore important. Of course, we must get things right but speed is also vital and I hope that that will be taken fully into account.
Type
Proceeding contribution
Reference
443 c486-8 
Session
2005-06
Chamber / Committee
House of Commons chamber
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