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Law Articles

Shared Parenting by Default? 06/01/2012

The Government has said that it is looking closely at all the options for promoting shared parenting through possible legislative and non-legislative means. Tim Loughton said: “It is the Government’s vision to establish that, under normal circumstances, a child will have a relationship with both parents, regardless of their relationship with each other”.

A statutory presumption of shared parenting following divorce or separation was considered and rejected in the Family Justice Review, led by former civil servant David Norgrove. He stated that such a presumption undermines the principle of paramountcy of the welfare of the child set out in the Children Act 1989.

The Law Society’s Family Law Committee has made it clear that it will oppose such a presumption of shared parenting though it supports the idea of the child maintaining contact with both parents where it is safe to do so.

The Ministry of Justice said it will publish its response to the Norgrove review shortly.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.

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