Contrary to many people’s perceptions, family courts are not biased against fathers and most men do manage to secure contact arrangements for their children.

That’s the conclusion of research specially commissioned by the Ministry of Justice.

The researchers found that nine out of ten contact arrangements are agreed between the parents themselves without any need to go to court. That leaves 10% of parents, usually but not always fathers, seeking a court order where it has not been possible to reach a voluntary agreement.

In these cases, the study found that there was no evidence to suggest that the courts were biased against the non-resident parent. Instead, it was clear that courts start from the principle that there should always be contact unless there are over-riding reasons to the contrary.

The researchers found that the courts were successful in most cases in securing contact for the non-resident parent.

Justice Minister Bridget Prentice said: “The well-being of children is at the heart of the family justice system. Courts should be the last resort for people involved in contact disputes, as mediation can be quicker and less stressful.

“Where contact cases do come to court, the child's welfare is always the paramount consideration. Clearly in some circumstances, such as where there is poor parenting or even abuse, contact can be very damaging.

“The government firmly believes that children should not be denied meaningful contact with their other parent, where this is safe.”

About three million children in the UK are affected by their parents’ divorce or separation. Nine out of ten of them end up living mainly with one parent, usually the mother. It is fathers, who are generally the non-resident parent, who make the majority of contact applications.

Parents who cannot reach a voluntary solution can apply for a contact order under the Children Act 1989. The Act adheres to the welfare principle, which means that it considers the child’s needs to be the paramount consideration.

The study was carried out by the Oxford University Centre for Family Law and Policy. Its brief was to look at the “perception that non-resident parents who go to court over contact arrangements following divorce or separation are awarded little or no contact for insubstantial reasons”.

Although no bias was found, the Government says it recognises the need to do more to help parents who cannot agree and who feel they have to go to court to resolve their contact dispute. The Children and Adoption Act 2006, now coming into effect, provides courts with new powers to enable parents to overcome obstacles to maintaining contact with their children. It also gives courts further flexible powers to enforce contact orders.

The new powers are welcome but as the Justice Minister Ms Prentice stresses, mediation is often quicker and less stressful than court proceedings. A solicitor who is also a trained mediator can help couples reach voluntary arrangements which are better for all concerned.

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