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 parent’s 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, the 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.
