Shared care in family law pertains to an arrangement where a child or children spend substantial and significant time with both parents after a separation or divorce. Although the concept of shared care has been a topic of broad discussion and controversy, it is widely recognised as beneficial to children, provided it is implemented thoughtfully and positively.
Shared care in the context of England and Wales
In England and Wales, the Children Act 1989 provides the legal framework for shared care. Under this legislation, the welfare of the child is the paramount consideration for any decision about a child’s upbringing. Paramountcy principle guides all legal decisions, where the best interests of the child are prioritised.
There is no set formula to interpret what works best for the child; judges are given significant discretion to determine the best parental arrangements. This setup allows courts to focus on the individual needs and circumstances of each child and family, therefore looking into factors such as the child’s age, sex, background, potential risk of harm and most importantly, the child’s own wishes and feelings.
Shared parenting does not necessarily mean equal time with both parents. It recognises the important role that both parents play in a child’s life, even when the parents no longer live together. The focus is to encourage parents to share the responsibility of child rearing and to maintain amicable relationships for the child’s best interests.
Benefits of Shared Care
Studies on the impact of shared care highlight the benefit of maintaining active relationships with both parents. Children are less likely to feel abandoned, have better psychological well-being, and tend to have better social and emotional stability. Effective shared care arrangements can help children adjust more easily to their changing family environment.
Challenges of Shared Care
Despite the potential benefits, shared care is not without its challenges. Parents must put their differences aside to prioritise the child’s needs which can be difficult especially during high-conflict separations. When parents cannot agree on arrangements, it may be necessary for the court to determine custody.
Additionally, logistical issues can also arise. Distance between households, school locations and the work commitments of the parents can all factor into shared care arrangements.
Shared care in the context of family law focuses on maximising the child’s welfare by encouraging the involvement of both parents in the child’s life. While the concept is not without its challenges, when it’s approached cooperatively and with the child’s interests at heart, shared care has the potential to foster a positive environment for children navigating a period of change.
Do you need advice on card arrangements when it comes to your children? Perhaps you are in the process of divorcing or separating. Why not get in touch with one of Alexander JLO’s expert specialist family lawyers on 020 7537 7000 or peter@london-law.co.uk and see what we can do for you?
This blog was prepared by Guy Wilton on the 22nd February 2024 and is correct at the time of going to press. Guy lives on The Wirral and works in Liverpool. Guy and his team will be managing all work locally and have wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients as an advicate in Civil proceedings after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024.
Guy’s profile on the independent Review Solicitor website can be viewed here.