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As of 22nd October 2014 the presumption of parental involvement will come into force.
The presumption of involvement is referred to as '... involvement of some kind, whether direct or indirect ...'.
In all proceedings involving children the Courts paramount consideration is the child that is the subject of the proceedings.
The Court have regard to a number of factors and moving forward, the presumption of parental involvement will also be at the forefront of the parties minds.
In determining matters involving children the Court also have regard to what is otherwise known as the welfare checklist.
The welfare checklist:
The Court will also have regard to the "no order" presumption and the principle of no delay.
The “no order” presumption which requires that the Court will not intervene and make an order unless it can be shown that there is a positive need and a benefit to the child in doing so.
The principle of avoiding delay is taken into account as it is considered that any delay in the proceedings is likely to be detrimental to the child.
Clearly, the presumption of parental involvement will not prevent the Court from finding that a child shall not spend time with a parent if it is in the child's best interests.
The presumption will not apply to proceedings commenced but not concluded before 22nd October 2014.
It will apply to all new applications in respect of children following 22nd October 2014.
Our specialist family solicitors are accredited members of the Law Society Children Panel, so you can be assured that your children’s best interests are at the heart of our work.
We are also proud to be a firm that still offers Legal Aid to our clients if they are financially eligible and have the required evidence of domestic violence.