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Sharing is caring?

01 October 2012 / Robert Micklem
Issue: 7531 / Categories: Features , Divorce , Family
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Parental rights should not trump children’s welfare, says Robert Micklem

This month saw the close of the government’s consultation on “Co-operative parenting following family separation”.

This sought to assess:

how the Children Act 1989 (CA 1989) could be amended to ensure courts adhere to the general principle that, on separation, it is in a child’s best interests for both parents to continue to play a role in their care and be jointly responsible for that child; and

whether the government should strengthen the court’s enforcement powers to deal with breaches of court-ordered contact arrangements.

Shared parenting

When deciding children matters, the courts already acknowledge that it is in a child’s best interest for both parents to be involved in their life. However, there is no express legislation to this effect and this has led to a social perception that the law does not fully recognise the importance both parents play in the upbringing of a child.

The government believes that enshrining the principle in law will restore public confidence in the

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