Shared parenting law ‘on cards’

Divorcing parents could be given the legal right to see their children under measures being drawn up by the government, according to reports.

The Daily Telegraph reported on 5 January that proposals are being drawn up that would impose a duty on courts to ensure that when parents divorce, both retain contact with their children.

It quoted Children’s Minister Tim Loughton as saying: “We must do everything we can to improve the system so that it gives children the best chance of growing up under the guidance of two loving parents.

“We are looking closely at all the options for promoting shared parenting through possible legislative and non-legislative means.”

The government is expected to announce the proposal as part of its response to last year’s Family Justice Review, led by David Norgrove, which it is due to publish shortly.

That review said no legislation should be introduced “that creates or risks creating the perception that there is a parental right to substantially shared or equal time for both parents” and Mr Norgrove commented that using the law to drive shared parenting where there was “entrenched conflict” would have “grave risks for children”.

Guillaumes partner Emma Newman, who specialises in all areas of family law, including resolving disputes concerning children, said: “Whatever the government’s response to the Family Justice Review may be, it is likely to provoke mixed feelings.

“Some would argue that a relationship with both parents is so crucial to the child’s well-being that the law should uphold this, others that the most constructive way to enable the child’s relationship with both parents to continue is for them to work together to achieve this, using measures such as access to mediation.

“Even the most amicable of divorces can create stress and conflict along the way, which is why working with experienced family law professionals, who can provide expert advice and facilitate non-confrontational ways of working designed to achieve outcomes that protect the best interests of any children involved.”

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