Family law solicitors have called on the government to create laws setting up a statutory presumption that both parents should have contact with their children following the breakdown of a relationship - even if it means they lose work as a result of the changes.

Publishing its report on parenting arrangements last week, the Solicitors Family Law Association (SFLA) called for a sea change in how contact disputes are handled, with parents setting up their own co-parenting arrangements when possible. 'SFLA strongly believes that the existing presumption that post-separation parenting arrangements should be based on the interests of the child should remain,' the report said. 'However, there should also be a statutory presumption that children should have contact with both parents post-separation, unless there are reasons that militate against this, such as safety concerns.'


The report argued that courts do not always produce the best outcomes for parents or children, as they fail to properly address emotional issues. But it added that where parents cannot resolve problems between themselves, an application to the court should trigger a compulsory intervention process that sits within the court. There should be a wider raft of sanctions for breaches of court orders, ranging from therapy to fines and imprisonment.


'From our experience as family lawyers, we are making a number of recommendations to help keep these families out of our offices and away from the courts,' SFLA chairwoman Kim Beatson said. 'Parents need a lot more information about the law, typical sorts of co-parenting arrangements and professional guidance to help them resolve their difficulties at an earlier stage.'


Law Society President Peter Williamson backed the proposals for early and amicable resolution of family disputes, particularly those involving children. 'We do recognise the rights of children to maintain the best possible relationship with both parents and believe that it is important to take into account what works best for individual families rather than simply follow a formulaic approach,' he added.