Rebecca Smith

Rebecca Smith

Conservative — South West Devon

Speaking in the House of Commons on 13 October 2026

Debate

Courts and Tribunals Bill

Contribution

No, I have already given way twice. I will not get any more time. I am very sorry. We must avoid a situation in which the law views children as the state’s ultimate responsibility while parents must justify their involvement on a case-by-case basis. We must also avoid anything that presumes that the state makes a better parent than the actual parents themselves. Of course, the state should intervene when a child is at risk, but our default position should be that, wherever it is safe and appropriate, children benefit from the love and guidance of both their parents. The state should step in only when there is clear evidence that it should do so, and we do not reject that point. If we remove this principle from the law, we take another step towards a system in which parental involvement becomes discretionary and the state’s role becomes paramount. That is not a healthy direction for family justice. I recognise, of course, that this is a sensitive issue for survivors of domestic abuse. To be clear, there is no absolute right to contact under existing law. Courts already have the power to restrict unsafe contact. The presumption of parental involvement is already qualified by risk of harm to the child, so why do we need this clause at all? Surely we in this House should be ensuring that current safeguards work properly instead. As I said in a recent debate on fathers and male role models, “There is a widespread perception that family courts make it difficult for fathers to maintain a meaningful relationship with their children.”—[Official Report, 10 September 2026; Vol. 790, c. 450WH.] One possible solution is a child-centred parental relationship test. The test would direct courts to consider the quality and sustainability of the child’s relationship with each parent. It would help courts to distinguish between safe and harmful contact. As things stand, there is a real risk that clause 17 will weaken, not strengthen, children’s relationships with safe parents without addressing the current failures that leave children exposed to their unsafe ones. Fundamentally, parental involvement is a relationship recognised by the state, not a privilege granted by the state. Both parents matter, and we should not be afraid to say so.

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