When it comes to presumptions – presume nothing!

The penny is dropping I see. What? You haven’t twigged. The presumption of parental involvement has NOT been brought into force on April 22nd with the rest of the Why Use One Word When Three Is So Much Less Adversarial And Straightforward Act Children & Families Act was commenced.

Nope. And what’s more there ain’t no future commencement date in the commencement orders.

I reckon this has gone the way of the ill fated CSFA 2010. That is, shelved, marked for repeal when nobody’s looking. I may be proved wrong but that is my working presumption (I guess it’s an assumption really but that would be less pleasingly repetitive).

You didn’t notice the presumption wasn’t in force so I’m betting you didn’t notice that repeal in the C&F Act [Crime and Courts Act 2013*] either, did ya?

So, the presumption that the presumption will have little effect will have to remain just that at least for the time being.

*Thanks to JD for pointing out the wrong ref to the C&F Act 14 rather than the C&C Act 13 – have been switching between the two so much lately they are all blurred in my brain!

5 thoughts on “When it comes to presumptions – presume nothing!

  1. Good, it was worse than useless anyway…

  2. I agree with Chambers above; it was an insult. I always thought it unlikely that even the original version, in the absence of massive investment in support and education services out of court (never very likely with Tories), would have made a huge difference (love to have been proven wrong on that) but it would have set in legislation a principle; an expectation that the “winner takes all” presumption that currently has to be rebutted is no longer acceptable.

    That would not have gone amiss.

  3. Thanks familoo and others who have noticed these points. I have just checked and it looks like very little of the 2014 Act is yet in force. However, Part 2 of the Children Schools and Families Act 2010 was ‘really’ repealed in September 2013 by s 17(4) Crime & Courts Act 2013. As suesspiciousminds has noted, Part 2 of the Family law Act 1996 (the bit introducing no-fault divorce) is repealed by the 2014 Act, but this section is not yet in force! And it seems that the President is suggesting the ’96 legislation should be revived. I don’t know how you guys in practice manage to keep up with all this…

  4. Family Court Help

    Well…having been in court last week in front of a senior judge who had just been for training with the President, he was at pains to point out how the law would change and that there is a new approach from the judiciary. I “presume” he meant treating parents on an equal footing. Certainly Sec 11 was widely touted.

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