Joint Residence: Practitioners Perspectives in England and France

Robert George Lecturer and Tutor in Law, Jesus College, Oxford. The view that joint residence is a viable solution to the problems of post-separation parenting has been growing in both the legal and the public consciousness in recent years. Some have argued that joint residence provides a more egalitarian model for separated parents and their children; others have questioned these claims and asked whether joint residence is generally in the interests of the children (and parents) involved. Across the channel, French practice increasingly favours joint residence. This article analyses the findings of a study involving lawyers and social workers in England and France on the subject of joint residence and considers the complexities which arise from it, and the difficulty of balancing fairness between parents with the best interests of the children involved. Are we seeing a subconscious willingness to ignore the welfare principle when joint residence is in question? For the full article see March [2007] International Family Law.

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