Clause 1 - Contact activity directions and conditions
Children and Adoption Bill [Lords]
4:00 pm
Tim Loughton (Shadow Minister (Children), Health; East Worthing and Shoreham, Conservative)
That would surely have resulted from an identified shortcoming or from a shortcoming in the form of indifference on the part of the separated parent. Either way, the reason a parent petitions the court to have greater contact with his or her children will arise as a result of his or her having been prevented by determinations for contact in the past from having the degree of contact that he or she now seeks, because claims were made about safety or welfare considerations, or else the parent has been prevented for not having come up to scratch for other reasons that have now been addressed. The parent may have been a threat to the child, or have had physical and emotional problems that were deemed to be a threat to the child, but that have been addressed, which is good. Our amendment seeks to identify the problems that prevent a parent from having fuller contact with his or her children, whether they be allegations from the other parent that must be justified, or shortcomings on his or her own account, which may be addressed through medical, psychological, financial or whatever help or support.
We are not skirting the issue. The amendment is all about ensuring that if a court makes a direction, it is relevant and deals with the reason why sufficient contact was not granted. That is why we use “negating”—getting around something or controlling a specific shortcoming. The amendment sets out the provision more clearly than the rather woolly clause does.