Formal minutes
Wednesday 23 February 2005
Members present:
Mr A J Beith, in the Chair
| Peter Bottomley
Ross Cranston
Mr Jim Cunningham
| Mr Hilton Dawson
Mr Clive Soley
Dr Alan Whitehead
|
The Committee deliberated.
Draft Report [Family Justice: the operation of the family courts],
proposed by the Chairman, brought up and read.
Ordered, That the Chairman's
draft Report be read a second time, paragraph by paragraph.
Paragraphs 1 to 45 read and agreed to.
Paragraph 46 and 47 read, as follows:
"We note that the present law already regards
it to be in a child's best interests to sustain a full relationship
with both parents, unless there are good reasons to the contrary.
The United Nations Convention on the Rights of the Child also
lays down the right of a child to have contact with both parents.
We consider that a clear statutory statement of this principle
would encourage resident parents to assume in most cases that
contact should be taking place.
We accept that there cannot be conflicting legal
presumptions which the courts are obliged to follow. The compromise
proposed by the judges, to have a strong guideline that the court
should have regard to the importance of a relationship between
the children and a non-residential parent, has a great deal to
recommend it. The simplest way of achieving this would be to amend
the 'welfare checklist' in the Children Act 1989. We recommend
the insertion of a statement in s 1(3) of the Children Act 1989
(the welfare checklist) indicating that the courts should have
regard to the importance of sustaining a relationship between
the children and a non-residential parent".
Amendment proposed, to leave out the last sentence
in paragraph 46 and to leave out paragraph 47.—(Mr Hilton
Dawson.)
Question put, That the amendment be made.
The Committee divided.
Ayes, 1
Mr Hilton Dawson
| | Noes, 3
Peter Bottomley
Mr Clive Soley
Dr Alan Whitehead
|
Paragraph 46 to 153 read and agreed to.
Conclusions and recommendations read and agreed to.
Resolved, That the Report,
as amended, be the Fourth Report of the Committee to the House.
The Committee divided.
|
Ayes, 3
Peter Bottomley
Mr Clive Soley
Dr Alan Whitehead
| | Noes, 1
Mr Hilton Dawson
|
Ordered, That the Chairman
do make the Report to the House.
Ordered, That the provisions
of Standing Order No 134 (Select Committees (Reports)) be applied
to the Report.
Several papers were ordered to be appended to the
Minutes of Evidence.
Ordered, That the Appendices
to the Minutes of Evidence taken before the Committee be reported
to the House.
[Adjourned till Tuesday 1 March at 9.15am
| 
