Shared Care of my Children
16 February 2023
Taylor Bracewell
Courts in England used to be reluctant in making Shared Care Orders however since the Children & Families Act which came into force in 2014 Courts are more mindful in dealing with this.
More and more parents are agreeing to shared care arrangements and Courts are now more willing to make Orders. A shared care order means that one party has the children living with them and the other has contact with them. It does not mean that the care of the children is shared equally between the parties and it can be an unequal division. The focus should be that each party spend quality time with the children, such as at weekends as well as being involved in the day-to-day routine like their schooling.
Most Shared Care Arrangements are made without the interventions of the Courts. Any agreement reached can be changed or amended at any time.
In some cases, it is agreed that the children spend one week with one parent and one week with the other. However, this means that the children go a full week without seeing the absent parent which especially for young children can be too long. Others agree that the children spend a couple of days with one and then a couple of days with the other but this can get confusing.
It is always best to try and avoid court proceedings as the Judge may make an Order that neither of the parties agree with. However, if matters cannot be agreed then an application to Court will become appropriate for a Child Arrangement Order and this will formalise where the children will live and the amount of time they spend with the other parent.
Should you require any further information then please do not contact our family team on 01302 341414 or 0114 272 1884 who will be happy to provide you with professional help and assistance or alternatively you can fill out our online enquiry form.
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