Shared care for children

When a co-parenting relationship breaks down, it is important for parents to understand their position relating to child arrangements. The starting point is that parents with parental responsibility have equal rights to spend time with their child unless there are safeguarding concerns that would prevent this. A regular perception is that the mother is the primary care giver following separation, but this view has shifted with several reports showing there has been an increase in shared care arrangements.

Shared care parenting refers to circumstances where both parents take an active and equal role in the upbringing of the child. Parents should be mindful that shared care arrangements do not have to be strictly 50/50. It is sometimes the case with high parental conflict, that the family court does not want to allow one parent to appear they have the most influence and say over the child’s upbringing. Therefore, even in cases where parents do not spend equal time with the child, the court can still make an order for a shared care arrangement. When deciding whether a shared care arrangement is in the child’s best interests the court will take into account a number of factors and it is ultimately, determined on a case-by-case basis.

The family courts are keen to ensure that parents are perceived as equals, and this was reflected in the 2014 amendment to the Children Act 1989. The amendment replaced the terms “child custody” and “residence and contact orders” with “child arrangements” to remove the affective notions and connotations of power and possession that one parent had over the child.

Whilst the family court is the last resort for separated parents, utilising the family court system is surprisingly common. In July 2022, a report was published following a study on behalf of the Department for Work and Pensions which reported that (https://www.gov.uk/government/publications/survey-of-separated-parents/survey-of-separated-parents ):

• 23% of “Parents with care” and 27% of “Non-resident parents had used the family courts
• 32% of parents with “high conflict” used the family courts compared to only 12% of those with “low conflict”
• 78% of parents used the family courts to make decisions about how parenting, contact and residence arrangements
• 51% of parents found the family court to be useful

Ultimately, the family court’s paramount concern is the welfare of the child, and their decision making may not align with the parents. It is therefore essential that parties attempt to negotiate and mediate prior to reach an agreement that best suits their child and taking into account that both parents are equal. By reaching the decision themselves it may just pave the way for a more seamless transition into their co-parenting life.

If further advice is required, please contact our specialist children lawyer, Ryan Revell at ryan.revell@kingstonfamilylaw.co.uk