Is 50/50 Shared Care a Good Idea?
During a separation, deciding on child arrangements is a big decision and 50/50 shared care is an increasingly common option. But is it the right choice for your family?
When parents separate, the presumption when applications are made to the Family Court concerning living and contact arrangements for children, is that unless the contrary is shown, the involvement of both parents in a child’s life will be beneficial for the child. This does not necessarily mean that there should be equal (50/50) shared care, and there is a great deal of debate about this.
The Family Court will want to ensure that, most importantly, any arrangements are in the best interests of the children, that they meet their needs and will work. A parent’s own wishes and feelings won’t be the focus of these negotiations. Their understanding of a sense of fairness won’t matter at all. The focus will be the children.
The benefits to a shared care arrangement are the substantial involvement of both parents in the upbringing and development of their children and, therefore, for the children themselves.
However equal shared care arrangements may present difficulties, particularly for young children, and with those arrangements that cause a significant amount of ‘back and forth’. The arrangements need to be effective and manageable for both parents, also taking into account their own respective work commitments, to ensure consistency, but more importantly for the children themselves.
The court will also be particularly conscious about those cases where there is parental conflict, whatever the circumstances may be, as the ability to co-parent effectively is reduced meaning there is greater risk of the children being ‘caught in the middle’.
The needs, age and wishes of the children may also all play a role in determining whether a 50/50 agreement can work, as well as considering practical arrangements such as where the children go to school and how close the parents live to each other.
The more common 50/50 arrangements include week on/week off, two nights with each parent during the week and alternating weekends. However, a one size fits all approach can’t be taken when it comes to arrangements for children as each family is different and comes with its needs and responsibilities. But with proper planning and commitment, even where parents are still struggling with the emotional consequences of separation, shared care arrangements can be enormously beneficial for the children.
How Can Timms Help?
If you have any questions on this matter, or any other family law issues please do not hesitate to contact me on 01283 214231 or via email at l.watson@timms-law.com. Alternatively, you can visit the family law page of our website here.
April 2024