Family Proceedings
The question
To ask the Secretary of State for Justice, what estimate he has made of the number of children involved in private law proceedings who have no direct contact with one parent while awaiting the conclusion of court proceedings.
Answered by Ministry of Justice
The Ministry of Justice does not routinely collect data on the number of children who have no direct contact with one parent while private law children proceedings are ongoing.
When making decisions about a child’s upbringing, such as who a child will see, or otherwise spend time with, the court’s paramount consideration will be the welfare of the child. This includes when courts are issuing interim orders during proceedings, or at the conclusion of proceedings.
In determining the child’s welfare needs, the court will have regard in particular to the factors set out in the ‘welfare checklist’ in the Children Act 1989. These include the ascertainable wishes and feelings of the child concerned, the impact on the child of any change in circumstances, and how capable each parent is of meeting the child’s needs.
The court must also have regard to the general principle that any delay in determining the proceedings is likely to prejudice the welfare of the child.
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