Parental Involvement Presumption

On 22nd October the law will change slightly regarding shared parenting after a divorce. Currently, the law involves a presumption of shared parenting, unless there are reasons why one parent should not have access to the children.

However, this is changing so when making an order concerning a child, the courts must presume that the involvement of both parents will be further their welfare, unless there is evidence to the contrary. ‘Involvement’ is clarified as “involvement of some kind, whether direct or indirect.”

This change is coming in as currently the law gives the impression that the children should spend equal time with both parents, whereas in practice this is not always the case.

Judges can still rule that one parent may not be allowed access to any children from the marriage. The law won’t affect cases that have started before 22nd October and will make little difference to the outcome of rulings, other than to remove expectations of children spending equal time with both parents.

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