Shared Care Order

Why might you need a Shared Care Order?

Shared Care Orders have symbolic importance because the wording puts parents on an equal footing. A Child Arrangements Order states that a child will ‘live with’ one parent and ‘spend time with’ the other, which can make the latter parent feel less important. Although, in reality, parents share equal parental responsibility for their child, this wording can influence how each parent perceives their role.

A parent with a Child Arrangements Order can take their child out of the country for less than a month without the other parent’s consent. In contrast, the parent with whom the child ‘spends time’ must seek permission. For Shared Care Orders, both parents need written consent to take the child abroad. The court can include a clause in a Child Arrangements Order allowing both parents to take the child out of the country for less than a month without needing written consent. 

Since the court can remove any unwanted consequences of a Child Arrangements Order, the main function of a Shared Care Order is the principle. The wording of a Shared Care Order challenges traditional thinking about a mother’s and father’s roles in their child’s life and highlights that both parents have equal status. 

What factors will the court consider when making a shared care order?

A child’s best interests are the court’s primary consideration when considering shared parenting. The court works through a ‘welfare checklist’ that includes:

• The child’s wishes, although a court will never ask a child to choose one parent over the other.
• The parents’ capacity to care for the child and meet the child’s needs.
• The child’s emotional, physical and educational needs.
• Whether the child has suffered abuse or is in danger of suffering abuse.
• How any changes to existing arrangements will impact the child.

The court will also take practical matters into account. For example, how far one parent lives from their child’s school and the working patterns of each parent. The court may also consider any family support each parent can access.

It is important to know that the court is not specifically aiming that a child spends an equal amount of time with each parent. The exact amount of time the child spends with each parent will depend on what is best for their welfare.

Are you considering a Shared Care Order?

At Davisons, our expert family law solicitors have years of experience across the family law sector including Shared Care Order. 

Please contact us if you would like to talk to our supportive family law solicitors about child arrangements orders, including Shared Care Orders.