Court decision-making in shared residence order cases: a critical examination [2006] CFLQ 478

Increased use of child dual residence upon parental separation has been suggested as a response to alleged deficiencies in facilitation and enforcement of contact between children and non-resident parents. The focus of debate has been on whether there should be a presumption of shared residence. Less attention has been paid to evaluating the current legal position. This article therefore provides a detailed critical examination of the case-law on shared residence orders and assesses the law in the light of research evidence on shared residence and child well-being.