Manchester Evening News Comment - 09-02-2012

Divorced dads are set to get improved access to their children under government plans announced this week.  David Henry reports.

‘I wanted to be a father but I was prevented from doing so’.

For nearly six months, *Greg Smith didn’t see his daughter.  His relationship with his wife broke down and it took him months to get access to his child.

“I just wanted to be involved in her life,” says Greg, 36, who is a Manchester-based accountant. “I had a responsibility to her and I wanted to meet those responsibilities.  I wanted to be a father but I was prevented from doing so”. 

When Greg first broke up with his daughter’s mother, the parents agreed he could see the child on a regular basis. 

The aim was to keep their lives out of the courts.  That became impossible, though, when the mother stopped the meetings and moved house without telling Greg where she was going. 

He was forced to trace her and take their case before a judge.

“She said she didn’t trust me, which she had absolutely no reason for saying.  She was trying to stop me seeing my daughter. 

“The relationship had broken down because she had been suffering with post-natal illnesses.  I don’t think she was in a sound state of mind,” says Greg. 

Eventually, after a lengthy legal process, involving nine trips to the courts, he was granted regular access.

“It was very frustrating.  The whole process takes so long and moves very slowly”.

“All the time I was worried about my daughter.  I didn’t know if she was OK.  It just took a very long time.  If you don’t have to involve the courts it’s better but that wasn’t possible.” 

“The courts are incredibly  cautious, which is understandable.  They obviously place the interests of the child first.  But it is in the interest of the child to see both parents.  There needs to be more of a recognition of this.”

That’s what the government wants to change.  It has announced plans to reform the family justice system to give fathers greater rights.  The government will stress the importance to a child of having an ongoing relationship with both parents.  The aim is to boost joint parenting.

Other proposals include putting a time limit on how long it takes cases to go through the court. 

But campaigning groups, who want better rights for fathers, say the changes don’t go far enough. 

“This is a limp in the right direction,” says Nadine O’Connor of Fathers 4 Justice.  “This is not a proposal to change the family justice system, this is a proposal to protect the current system and put in place a few things to make it look family friendly.”

“There are four million families without fathers.  We should all be ashamed of that statistic.” 

“We are supposed to be living in an age of equality yet there is a great in-equality show towards fathers.  We need to make the whole court process open, accountable and transparent and we need a public inquiry into family courts.”

The changes the government announced were billed as strengthening the rights of fathers, and wider family members like grandparents.

But the plans don’t change the central fact that the child’s interests will still be paramount, as enshrined in the Child Act.  Nothing the government plans can alter that. 

And family law experts claim the current system works well as it is and dismiss suggestions there’s a bias against dads.

Lisa Kemp is head of family law at Manchester legal firm Kuits.  She represents fathers in family hearings and says she doubts the government’s changes will make much practical difference.  “Judges make their decisions based on the evidence in front of them,” she says.

“They decide what is in the best interest of the child.  That has to be the priority for the judge.”

“I represent many fathers and have found the legal process to be fair.  If a dad isn’t granted access then there will certainly be a reason for that.”

“The government issuing a statement about shared parenting won’t make much practical difference.”

“But I think it will comfort many fathers who do have the perception that courts favour the mother.  In reality I’m not sure that is the case at all and we work hard to show dads that isn’t the case.”

All parties are in agreement that moves to quicken the time it takes to go through family courts, and strengthen mediation so cases don’t end up before judges in the first place, are positive. 

But ultimately the system has to work around the child.

Greg says: “The whole process needs to be shortened.  It takes too long.” 

“It’s right that it’s acknowledged having a dad in a child’s life is in their best interests.  But more, practically, needs to be done to make sure that is what is reflected in court.”

* Greg Smith is not his real name. 

For more information about our family law services contact Lisa Kemp

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