header-logo header-logo

22 February 2012 / Hle Blog
Issue: 7502 / Categories: Blogs
printer mail-detail

Shared parenting

HLE blogger Guy Skelton examines the lessons from Australia on shared parenting after divorce

The recent government response to the Family Justice Review has at its centre an entitlement to a legally binding presumption of shared parenting. Legislation in favour of shared parenting would represent the greatest change to the Children Act since its creation in 1989. Arguably, the proposal represents a levelling of the playing field, addressing a perceived imbalance in the treatment of parents post-separation. However, to some it is a legislative minefield detracting from the primary consideration—the child.

Prior to the government’s response, David Norgrove, author of the independent Family Justice Review, stressed that the current law should not be changed, citing the difficulties encountered under Australia’s shared parenting laws. Despite the recommendation of the independent review, the government believes that legislative change offers the best protection for families in England and Wales.

But which elements of the Act would the government seek to amend? Many organisations, including single parents’ charity Gingerbread, share Norgrove’s concerns—that the government must learn from the fallout of the Australian amendments and not legislate in haste.

Under Australia’s Family Law Amendment (Shared Parental Responsibility) Act 2006, the court begins with the principle of equal division of custody. The presumption may be rebutted “by evidence that satisfies the court that it would not be in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child” (s 61D(4)). The second key feature of the amendments was the explicit statement that shared parental responsibility creates obligations to share decision-making (s 65DAC(3))…”

To continue reading go to: www.halsburyslawexchange.co.uk

 

Issue: 7502 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll