This week saw the publication of the final report from The Family Justice Review, otherwise known as the Norgrove Report. The report makes many recommendations but the ones that received the most coverage were those reviewing the contact of parents and grandparents with their children/grandchildren after separation.

While some recommendations outlined in the report are welcome (for example suggestions to reduce delays, to encourage more mediation, introduce parenting agreements etc) we are very disappointed that there are no recommendations to incorporate into legislation the principle that it is in a child’s best interests to have a ‘continued meaningful relationship with both parents following separation, where this is safe’. The report cited concerns that this could generate more legal battles for custody and delays in deciding who a child should live with.

Over the past years there has been pressure for legislative reform, reflecting greater involvement by fathers in the lives of their children. The key issue nowadays in parenting is less about whether fathers should be involved, but the level of contact. As a result of this changed landscape, two years ago an influential report by the Centre for Social Justice, which CARE was involved in, recommended introducing legislation that explicitly acknowledges that children benefit from the ‘substantial involvement’ of both parents in their lives. Until there is such legislation, our concern is that bias will remain in the family justice system against fathers. Norgrove has missed an important opportunity to bring in legislation.

The Norgrove report also failed to recommend any simplification of the court process by which grandparents can gain access to their grandchildren. Grandparents are often extremely important to children, and continue to be important if parents separate. The existing rules mean they have to go to court twice to gain access, which is a long and expensive process that puts many off.

While influential, this report is not Government policy, so Government is not duty-bound to implement it all.

This is a guest post by Philippa Taylor, CARE’s Family Policy Consultant.