Dr Caroline Johnson

I should first declare an interest as an NHS consultant paediatrician who has given evidence in court in that capacity. The references to the Magna Carta are particularly profound for a Lincolnshire MP, because one of the copies of Magna Carta from 1215 is kept in Lincoln. The Father of the House, my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), and my right hon. and learned Friend the Member for Torridge and Tavistock (Sir Geoffrey Cox) talked eloquently and at length about jury trials, why they should remain, and why removing the right of appeal for magistrates court decisions is the wrong thing to do, so I will not focus on that in the few minutes I have. I will focus on clause 17, which removes the presumption of involvement of parents in their child’s life. When there is dispute over who cares for a child, courts can make decisions: they can decide who a child is to live with; they can decide who has contact with the child, for how long, and when; they can decide what form that contact takes, whether it is by telephone, in a supervised contact centre or face to face; and they can make specific decrees such as where the child is to go to school. The law is clear that when courts are making those decisions, the welfare of the child is paramount. They can take into account the child’s wishes if old enough and capable of making decisions in that respect. They can think about whether the child has been subject to any harm. They can talk about whether the child is at risk of further harm. They can talk about whether the parents are capable of providing for the needs of the child. However, section 1 of the Children Act 1989 is clear that the courts must presume, unless shown otherwise, that the involvement of both parents is in the child’s best interests.