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Divorce and children – is shared care a right or responsibility?

Date:5 OCT 2017
Third slide

Kara Swift 
Family Law in Partnership

Family Justice Reformed (second edition: June 2017) contains detailed commentary on the Single Family Court and the Children and Families Act 2014 Pts 1 and 2 (which deal with family justice) including clear and comprehensive guidance on the underlying procedural regime and the rationale for the reforms.

‘I know my rights’ – With that statement a family lawyer will naturally turn to s 2A of the Children Act 1989 and the presumption of parental involvement.

‘Parents do not have rights they have responsibilities’ – Arguably one is now considering the court’s overriding objective and paramount consideration as set out in s 1 of the Children Act 1989 which highlights the welfare of any child.

How well in practice can the two align?

Child arrangements orders regulate with whom and for how long a child is to live spend time or otherwise have contact with a person. The types of orders available to the court are:

  • a ‘live with order’ – an order setting out with whom the child should live; and

  • a ‘spending time with...

Read the full article here.