A Child Advocacy Company
Bringing Support to Parents
Building Strength to Children
Bringing Support to Parents
Building Strength to Children
Disclaimer: BS Kids LLC legal research and information has been prepared for educational and informational purposes only. This material is not legal advice or
legal opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between
BS Kids LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional
counsel. The opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry
Court, Hudson, NH 03051 781-756-1214.
legal opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between
BS Kids LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional
counsel. The opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry
Court, Hudson, NH 03051 781-756-1214.
Joint Custody and Shared Parenting Information
for Children of Divorce and their Parents
The Equal Parenting Council advocates shared parenting as the best arrangement for children after
their parents divorce or separate, unless a parent is unfit. Children enjoy shared parenting whilst their
parents are still married. Why shouldn't this continue after divorce, unless one parent is unfit? If we are
truly concerned about putting children's best interests first, there is every reason why shared parenting
should continue after their parents divorce or separate.
Kids are devastated by divorce and separation. It is far easier on them when they continue to have
parenting time (so called "contact") with both their parents. But sometimes one parent tries to exclude
the other parent from their children's lives without justification. Our current legal system is so flawed that
it aids and abets these hostile parents in their amoral objective. Instead courts should be upholding the
child's right to both parents.
Equal Parenting Council believes that the law should treat both parents equally. This is what we mean
by "equal parenting". We are calling upon the Government to introduce a legal presumption whereby all
separated parents will have the right to parenting time with their children unless it can be shown (on the
basis of credible evidence) that there is some genuine risk to a child's safety. This will enable the
excluded parent to require the court to order reasonable parenting time at the first hearing, unless the
opposing parent can show good reason why their parenting role should be limited. A good reason must
be one that would be valid (for the limiting of the applicant parent's role) even if the parents were still
together.
Universal research shows conclusively that shared parenting is best for children. Children with a
relationship with both their separated parents do better on every measure - they do better socially,
academically and have better life outcomes. the research shows that they are more likely to stay away
from crime and drugs.
Shared parenting (sometimes referred to as joint custody) is where both separated parents have
frequent, substantial and continuing parenting time (so called "contact") with their children - please read
our President, Tony Coe's position paper on shared parenting which argues the case for the LEGAL
PRESUMPTION.
Fit parents should be treated equally by the law after divorce and separation in all matters regarding the
children's parenting arrangements. Currently the parent who no longer lives with the children (the so
called "non-resident parent") can be excluded from their children's lives simply because the custodial
(so called "resident") parent wants it that way! We demand an end to this discrimination which hurts
children, families and grandparents in the most tragic way.
Our outmoded family courts cannot see beyond granting full, sole custody to one parent who is then
free to exclude the other parent from their children's lives - often totally. The UK family justice system is
at least twenty years behind leading jurisdictions worldwide. In her The Paul Sieghart Memorial Lecture
on 3 April 2003, Dame Elizabeth Butler-Sloss, President of the Family Division, said:
"60% of fathers have little or no continuing relationship with their children post-separation."
An increasing number of non-resident mothers are also excluded by hostile custodial fathers. Whether
the excluded parent is the mother or the father, the children suffer immense harm. Damaged children
grow into damaged adults. The long term, knock-on effect for our society is devastating. Dysfunction
breeds dysfunction breeds dysfunction.
While Parliament intended that the Children Act 1989 should promote shared parenting, our family
courts have failed utterly to give effect to this laudable intention. In fact joint custody (so called "shared
residence") is virtually never considered by family judges - in fact they show little understanding of the
concept. Judges need clear rules that they MUST apply.
for Children of Divorce and their Parents
The Equal Parenting Council advocates shared parenting as the best arrangement for children after
their parents divorce or separate, unless a parent is unfit. Children enjoy shared parenting whilst their
parents are still married. Why shouldn't this continue after divorce, unless one parent is unfit? If we are
truly concerned about putting children's best interests first, there is every reason why shared parenting
should continue after their parents divorce or separate.
Kids are devastated by divorce and separation. It is far easier on them when they continue to have
parenting time (so called "contact") with both their parents. But sometimes one parent tries to exclude
the other parent from their children's lives without justification. Our current legal system is so flawed that
it aids and abets these hostile parents in their amoral objective. Instead courts should be upholding the
child's right to both parents.
Equal Parenting Council believes that the law should treat both parents equally. This is what we mean
by "equal parenting". We are calling upon the Government to introduce a legal presumption whereby all
separated parents will have the right to parenting time with their children unless it can be shown (on the
basis of credible evidence) that there is some genuine risk to a child's safety. This will enable the
excluded parent to require the court to order reasonable parenting time at the first hearing, unless the
opposing parent can show good reason why their parenting role should be limited. A good reason must
be one that would be valid (for the limiting of the applicant parent's role) even if the parents were still
together.
Universal research shows conclusively that shared parenting is best for children. Children with a
relationship with both their separated parents do better on every measure - they do better socially,
academically and have better life outcomes. the research shows that they are more likely to stay away
from crime and drugs.
Shared parenting (sometimes referred to as joint custody) is where both separated parents have
frequent, substantial and continuing parenting time (so called "contact") with their children - please read
our President, Tony Coe's position paper on shared parenting which argues the case for the LEGAL
PRESUMPTION.
Fit parents should be treated equally by the law after divorce and separation in all matters regarding the
children's parenting arrangements. Currently the parent who no longer lives with the children (the so
called "non-resident parent") can be excluded from their children's lives simply because the custodial
(so called "resident") parent wants it that way! We demand an end to this discrimination which hurts
children, families and grandparents in the most tragic way.
Our outmoded family courts cannot see beyond granting full, sole custody to one parent who is then
free to exclude the other parent from their children's lives - often totally. The UK family justice system is
at least twenty years behind leading jurisdictions worldwide. In her The Paul Sieghart Memorial Lecture
on 3 April 2003, Dame Elizabeth Butler-Sloss, President of the Family Division, said:
"60% of fathers have little or no continuing relationship with their children post-separation."
An increasing number of non-resident mothers are also excluded by hostile custodial fathers. Whether
the excluded parent is the mother or the father, the children suffer immense harm. Damaged children
grow into damaged adults. The long term, knock-on effect for our society is devastating. Dysfunction
breeds dysfunction breeds dysfunction.
While Parliament intended that the Children Act 1989 should promote shared parenting, our family
courts have failed utterly to give effect to this laudable intention. In fact joint custody (so called "shared
residence") is virtually never considered by family judges - in fact they show little understanding of the
concept. Judges need clear rules that they MUST apply.
Shared Parenting
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