EQUAL PARENTING – WHO’S RIGHT IS IT?

Recent changes in the law concerning children and disputes between parents has shown a move towards creating a presumption of equal shared care. However, this presumption has founded on the suggestion that equal parenting is in the best interests of the child. Is this right and how does this sit with the overriding legal principle that it is the welfare of the child that is the paramount consideration of the family court?

A study of adult children and their experiences of being raised by separated parents has led to some interesting outcomes including the following:-

1. It is the continuity of contact rather than the amount of contact that is most important.
2. Children that had a primary home were much more positive about their experience rather than children who had been in shared care arrangements.
3. A good pre-separation relation with both parents made it significantly more likely that a shared care arrangement would work after separation.
4. Ongoing parental conflict made it significantly more likely that a shared care arrangement would not work.
5. The resident parent encouraging contact with the non-resident parent was linked to a very positive experience of contact.

What can we take from this? It is clear that decisions about contact must be looked at on a case by case basis and what is right for one family may not be right for another. Shared care is much more likely to work with parents who are on good terms with each other, where prior to separation the child had a good relationship with both parents and where the arrangements are allowed to have some flexibility. Happily, some families are able to achieve this during and after relationship breakdown and early intervention with professional services such as Family Mediation can assist greatly. Unhappily, other families struggle to achieve such outcomes especially with the parental conflict that can arise as part of relationship breakdown.

So, the bottom line is that it can be unrealistic to assume that the presumption of shared care applies in every case. The primary legislation remains that it is the child’s welfare that is paramount and in some cases shared care may not be the right outcome for the child. There is of course a significant chance that one parent may feel marginalised by spending less time with their child but talking with family law professionals at an early stage will assist in understanding these principles and making early decisions about what is in the best interests of your children.

Grainger Appleyard has a Family Law clinic each week and offers a free initial interview if you want to discuss this or any other family law matters. Use the contact page or call us on 01302 327257.