Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Sonny Patel
Sonny Patel
Partner
Read on
Parental responsibility and shared residence orders: parliamentary intentions and judicial interpretations
Date:8 JUN 2010
Barrister and Lecturer

PETER HARRIS, Research Associate, Oxford Centre for Family Law and Policy, DSPSW, University of Oxford, and ROBERT GEORGE Lecturer in Law, Jesus College, University of Oxford.

The Children Act 1989 was built around the concept of parental responsibility, which was designed to promote parental decision-making about children, with the courts limited to making concrete orders about practical problems which parents were unable to resolve by themselves. However, in the 20 years since the Act was passed, the judges, led by the Court of Appeal, have systematically diluted the primacy and potency of parental responsibility, and increased the range of cases in which courts intervene in family life to make orders for purely symbolic or therapeutic reasons, with little bearing on the practical realities of children's lives. This article examines these changes, and questions the sustainability of the current ‘pragmatic' solutions being advanced by the courts at the expense of the principled approach of the Act itself.

__________________________________________________________________

CFLQ

Child and Family Law Quarterly contains essential articles and comment on all aspects of family and child law.

It provides a unique multi-disciplinary forum for the publication of research material, analysis and commentary, edited by leading family law academics, supported by a distinguished editorial board and is a platform for discussion and analysis of all the important issues in this constantly evolving area of law.

Categories:
Articles