My ex has cut me off during divorce
Unfortunately, it is far too common that when a client says it’s over, their spouse with the “purse strings”...
Read moreI am often asked by a divorcing client: Do I need an Order recording the arrangements for the children? My answer is: Not if you can agree them. It is preferable however to have something agreed and written down; it could be useful evidence if there was a disagreement later.
The Children Act 1989 was amended in 2014:- Residence and Contact Orders were no more and a presumption of shared parenting was inserted. This has encouraged a cultural shift that was already underway, recognising the importance of both parents in a child’s life
Many couples are able to agree the shared care arrangements on separation, perhaps with a little help from a mediator.
An example of a Shared Parenting Plan is in a case called Re: Z (Shared Parenting Plan: Publicity) that was heard in the High Court in 2005. The Judge, the Honourable Mr. Justice Hedley, said that he was handing down the judgement in this case in open Court so that publicity could be given to the approach that the parents had taken in the hope that others may use it as a basis for discussion and negotiation.
The Shared Parenting Plan comprised two schedules and was as follows:
First Schedule
The shared parenting plan for the child
The mother and father both:
Second Schedule
A further example of a Shared Parenting Plan can be found on the CAFCASS website here:
https://www.sortingoutseparation.org.uk/wp-content/uploads/2015/12/parenting_plan_final_web.pdf
Lisa Pepper is a Partner at Osbornes Solicitors LLP and is recommended in Chambers and Partners and the Legal 500. Lisa is ranked as a Distinguished Individual in Spears Family Law. She is an Accredited Mediator.
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