Local firm says tide is turning for fathers

A local lawyer has welcomed a recent decision in the High Court which saw a Warwickshire father awarded sole care of his six-year-old child and says it could pave the way for more fathers to consider whether they might be able to offer their child the best long-term care.

Teresa Mannion, partner in the family law department at Coventry and Warwickshire solicitors firm Alsters Kelley, successfully defended the appeal by the mother to prevent the child being moved into the father’s care.

Teresa explains: "In the past, there has been this general assumption that the courts will always side with mum.

"In 2004, Mrs Justice Bracewell, a senior High Court judge who presided over a case in which a father was awarded residence after the mother had repeatedly denied access for four years, warned that there was a public perception courts routinely ‘rubber-stamp cases’ by awarding residence to mothers while marginalising fathers.

"But now, magistrates and judges are looking more closely at the long-term opportunities provided by each parent in order to make a decision which is in the best interests of the child.

"In this particular High Court case, the mother and father<!--[if !supportFootnotes]-->[i]<!--[endif]--> had lived together with the child until the relationship had broken down. The mother moved out of the area taking the child with her.

"We worked with the father to highlight that he could offer the best long-term future for the child and the magistrates agreed. The mother appealed this decision but this was dismissed by the High Court Judge and the child was able to move into the father’s home immediately.

"It is great news for children as decisions which affect them are increasingly being based on which parent will be able to offer them the best long-term future care.

"While awarding sole care to fathers is still rare (less than 10% of cases), examples like this increasingly prove that the courts are looking out for the best interests of the child. All circumstances are now taken into account and parents start out the process on an equal footing.

"Rather than the parents having a right to the child – like a possession – the courts view the child as having a right to a relationship with both parents. Parents have a responsibility to ensure that they do what is best for the child – whether that be living with the mother or the father.

"The family law department here represents hundreds of mothers and fathers looking to secure the best outcome for their child so this ruling could have a significant impact for many of our clients and their children.”