Should a 50/50 split of childcare be presumed after parents separate?

Whilst there is a presumption of shared care following divorce or separation in England and Wales, there is no presumption for how the care should be split.

Is 50/50 a good idea?

On the face of it, this mathematically makes sense and feels fair. Both parents have equal responsibility and it is considered in the best interests of a child to spend time with both parents, unless there is evidence to the contrary.

However, this presumption may not be appropriate in all circumstances, for example:

• if there is risk of harm to the child spending time with one of the parents

• it can be unsettling for very young children being moved from house to house

• the size of each partner's house, or parents living in a different city, may mean that a 50/50 split is not always practical

What is the current position?

Currently, there is no specific guidance on what the starting point should be, save that any decisions regarding child arrangements should be made in the 'best interests' of the child. Unfortunately, opinions of what is in the best interests of the child can vary between parents, respective lawyers and judges. With that in mind, it is very difficult to predict the outcome in the event of a dispute.

So what can I do?

What works for one child may not necessarily work for another and therefore there is no blueprint for what child arrangements should be.

Whilst the courts do play an important role in determining child arrangements, parents ultimately have a responsibility to come to an arrangement that is suitable for their child. This may not be achievable in all circumstances, but it is important that parents do not consider the courts as the first and only option.

  • Nigel Mears is a partner at award-winning law firm VWV, which has offices in Clarendon Road, Watford.