Part of Children and Adoption Bill [Lords] – in a Public Bill Committee am 9:45 am ar 16 Mawrth 2006.
I shall cite the figures for the number of contact applications and how that has mushroomed. In 1992, there were 17,470 contact applications; in 2004, that figure went up to 70,169. That is an enormous increase in the number of contact applications, reflecting an increase not in the population or in the number of people getting married and having children but in disputes in families splitting up over what happens to their children. Almost a quarter of those cases were repeat applications, one third of which were the result of enforcement issues. The figures show that people are having to come back to court several times because contact arrangements are not working. Many people are going to court in the first place because they cannot agree.
We are often told that only 10 per cent. of cases go to court, and that the other 90 per cent. of separating families are therefore quite happy and their arrangements are working perfectly well. That is not the case. Many arrangements do not work very well, but a lot of parents are frightened off going through the court system because of the nightmares, horror stories and long, drawn-out processes. In many cases they therefore have to take a less equitable settlement than they would have been minded to, and as a result see their children less. I do not buy the argument that the system fails to work in only 10 per cent. of cases. It has a lot of problems that warn people off going for what they see as an equitable settlement in the best interests of their children’s welfare.
The amendment and new clauses apply to different parts of the Bill, and some of them would amend the Children Act 1989, but they share the common theme that, as we have said all along and as all members of the Committee agree, the child’s welfare should be paramount. Most of them would insert the word “reasonable,” as we tried to do in even more instances. Through your wisdom and innovative way of selecting amendments, Mr. Hancock, we were not permitted to do so. Several of these comprehensive new clauses contain the phrase “reasonable contact”, because reasonableness is at the heart of the problem. Nobody can deny that contact takes place, but whether that contact is reasonable and meaningful is a major bone of contention.
We recognise in the amendment and new clauses that wherever it is possible without compromising a child’s safety, his welfare is best served by maximising contact with both the resident and non-resident parent, and through
“both of them being as fully and equally involved in his parenting as possible.”
That is laid out explicitly in new clause 8. In new clause 19 we seek to pre-empt the welfare checklist in section 1 of the Children Act 1989.
Other new clauses deal with compensatory contact. New clause 6 could have been considered in this group or under clause 5, which deals with financial compensation, but will instead be taken at the end of our considerations. I hope that we can reach those new clauses, particularly new clause 6. It is absolutely pertinent to our discussions on this group and on the next clause, so I hope that some time will be left for the Committee to consider our new clauses.
The Under-Secretary of State for Education and Skills, the hon. Member for Liverpool, Garston (Maria Eagle), who is confined to her bed, made the extraordinary statement last week that courts are always reasonable. That could be argued if courts always gave out reasonable judgments.