Mums could get criminal record if they deny fathers access to kids

PARENTS who deny their estranged partners time with their children risk being criminalised under proposals being considered by Ministers.

The Scottish Government is looking into ways of ensuring that youngsters do not lose touch with family members after a separation.

To achieve this Ministers will examine how contact orders – which set out how long a child should spend with their mother or father each week – can be enforced.

Mothers are awarded custody in more than half of UK cases, compared with one in five where the child stays with the father. Other separations result in joint custody, or in the child going to someone else.

Parents who deny access by breaching orders can be taken back to court and face charges of contempt, although this is rarely enforced.

The consultation on a Family Justice Modernisation Strategy will now consider two alternative ways of dealing with the problem.

One would be to impose sanctions, such as an order to pay compensation, but the consultation warns that this might not be tough enough to encourage families to work together.

The other option would be a law to make breaching an order an offence in itself – but that could lead to the criminalisation of parents including, say critics, many mothers attempting to escape abusive relationships.

The consultation comes as a petition to the Scottish parliament warns of an urgent need to reform child contact arrangements.

Campaigner Emma McDonald says research shows that ‘the presence of children has been found to be a risk factor for continued abuse’. Her petition to MSPs urges there should be ‘no routine presumption that contact with a non-resident parent is always in the best interests of children, particularly where domestic abuse is an issue’.

Scottish Women’s Aid chief executive Marsha Scott said: ‘The highest number of calls to the organisation relate to contact orders.

‘It’s used as a threat, a mechanism to exert control. We don’t think the solution for anybody is to be criminalised and put in prison.’

Dr Scott said some mothers already get jailed, which requires them to be found in contempt of court. While this is relatively rare, the changes would mean any breach of an order could result in a criminal record.

She said: ‘Women are sentenced because they do not comply with orders, women are sent to prison. But there’s always a danger the legal system will interpret changes in a way that will make things even worse.’

Yet campaigners for fathers separated from their children feel the proposals do not go far enough.

Fathers4Justice founder Matt O’Connor said: ‘Courts already have the option of enforcement but choose not to use it.

‘Nothing in the consultation changes this damaging and harmful failure to enforce court orders which make a mockery of our justice system.’

The Scottish Government said: ‘Our key aim is to ensure the best interests of the child.

‘One of the areas where this consultation seeks views is on the best way to ensure contact orders are enforced, and we welcome responses.’