Courts and Tribunals Bill — Written evidence submitted by Sean Merrifield (CTB12)

Courts and Tribunals Bill (24th March 2026)

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Session 2021-22

Courts and Tribunals Bill

Written evidence submitted by Sean Merrifield to the Courts and Tribunals Public Bill Committee (CTB12)

StatusFines Team Leader/ Engaged Active Father

1.

Executive summary

1.1

This submission outlines the catastrophic risk posed by the proposed repeal of
Presumption of Parental Involvement
in the Children Act 1989

1.2

It highlights the "94% vs 6% statistical gap, where current policy is dictated by a small minority of high-risk cases at the expense of millions of stable, high functioning fathers.

1.3

It proposes a
National Parental Separation Registry
and a
Residual income CMS model
to prevent systemic self-harm and potential financial manipulation.

2.

Statistical RealityThe 94% Crisis

2.1

ONS and Ministry of justice data for 2025/26 indicate that approximately
94.5% of fathers
are not perpetrators of domestic abuse

2.2

The current Bill treats 100% of fathers as a potential risk until proven otherwise. This "Guilty until proven innocent" framework is a breach of fundamental justice

2.3

As a father who is career driven by the prospect of providing the best life possible for my Child whilst maintaining property stability, I am an "asset" the current system is designed to ignore.

3.

The Human CostParental Suicide and Systemic Stress

3.1

The Committee must acknowledge the "Lethal Gap" created by court delays (currently 38 weeks) and CMS pressure

3.2

I have personally observed the Mental stress that is caused by
Unilateral Care Disruptions
without immediate judicial oversight. This environment creates a "Systemic Health Risk". By framing Fatherhood as "negotiable" through the repeal of Presumption of Involvement, the 2026 Bill exacerbates the primary triggers for male psychological distress.

3.3

The "protective Factor" of fatherhoodFor 94% of engaged fathers, the parent-child bond is the primary "protective factor" against self-harm. The bills move to repeal the "presumption of involvement" effectively removes this safety net. While my professional resilience has allowed me to navigate these triggers this does not remove the truth of which I have been a victim of the current system. The law must be designed to protect all fathers from hopelessness caused by "data-blind" legislation.

4.

ProposalThe National Parental Separation Registry

4.1

I propose a mandatory National Parental Separation Registry for all parents on the birth certificate/adoption papers of a child.

4.2

FunctionThe registry defaults to 50/50 care split unless Criminal charges or criminal investigations have taken place. Any deviation must be proven via admissible evidence of harm, rather than mere allegation.

4.3

IntegrationThe CMS must be legally bound to pull data from this registry. If the registry does not confirm any legal alteration to custody then CMS should default to no involvement or formal submission of a safeguarding assessment.

5.

Reform of the Child Maintenance Service (CMS)

5.1

The "Cliff-Edge" FailureThe current "Nights-based" System incentivizes the resident parent to withhold children to protect income (e.g. withholding a child for 1 night to stay in band one rather than band 2)

5.2

RecommendationCMS payments should be calculated based on
Residual Income
(after housing and essentials) to ensure that the "paying parent" can maintain a safe, stable home for the child. This also allows stability of valid CMS claims.

5.3

Abuse preventionCMS should be barred from issuing an assessment if a parent is found to be in ‘Contempt of Court’ regarding contact orders. The should also be barred from assessments whilst ongoing mediation/court cases are in process to avoid potential financial isolation from support during these process’

6.

Conclusion

6.1

The 2026 Repeal is a statistical Overreaction that prioritizes an statistical minority over stable consistent Majority

6.2

I urge the committee to adopt a data-driven approach that recognizes fathers as
Economic and Emotional Assets
to the state rather than liabilities to be managed.

March 2026

Prepared 24th March 2026

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