When representing parents in child custody disputes, family attorneys frequently hear from their clients that they desire a “shared care arrangement” for their children, a term that, in our experience, is frequently misunderstood.
Different individuals have varying interpretations of the term “shared care.” Some parents define shared care as an arrangement where the child spends equal time with both parents. Others believe shared care means their child will reside with them for fifty percent of the time and with the other parent for the other fifty percent. And there are some parents who may argue that shared care is the right to have an equal voice when it comes to making decisions regarding the children, despite the fact that this is covered by parental responsibility.
There is no true legal definition of “shared care” as universally understood by family judges. However, the law recognises that it is in the child’s best interests to have both parents involved in their upbringing (absent very exceptional circumstances, such as when one parent poses a real and genuine risk to the child). In general, the court will issue orders that, although they may not be labelled “shared care,” ensure that the child spends sufficient time with both parents so that he or she can have the most complete relationship with them both.
Please contact us immediately if you are affected by any of the outlined issues. We stand ready to assist.
In our experience, “shared care arrangement” is a commonly misconstrued term.
Considerations when deciding on child arrangements after a divorce
It is essential that parents make reasonable arrangements for their children following a divorce and recognise that it is in everyone’s best interests for these arrangements to be handled in a civil and flexible manner. This is why it is often preferable for parents to reach an agreement on their own rather than asking a judge to decide, despite the fact that some may need advice and direction to identify and implement an appropriate arrangement.
Consider the comment made by an appellate judge in the 2014 case of M.A. Child:
“In private law cases involving children, 50/50 split care arrangements between parents are still relatively uncommon. Research demonstrates that a number of factors have to be in place, including practical matters such as close geographical proximity, but, above all, the couple has to be on reasonable or good terms so that the to and fro of everyday life for a child is accommodated without undue emotional fallout.”
The judge continued, “Both parents have the same legal standing. In my opinion, a 50/50 time-sharing arrangement will continue to be uncommon and should only be considered when there is confidence that it will not work to the detriment of the child, despite the fact that the goal is to give the child ample time with each parent.
Consider whether a 50/50 shared care arrangement between you and your ex-partner will be manageable. Consider how this would affect your child from both a practical and emotional standpoint. The Family Court will always evaluate each case on its own merits, and the best interests of the children will always guide all decisions.
Remember that the court’s orders are legally obligatory. Therefore, it may be preferable to reach an agreement outside of the court system, allowing for a degree of flexibility so that both parents can manage child arrangements so as to accommodate unpredictable real-life obligations.
