Shared parenting bill put before House of Commons

19 July 2010



New legislation that would give shared parenting rights following a divorce has been put forward by Brian Binley, Conservative MP for Northampton South. The private members' bill would mean that Shared Parenting Orders are granted to both partners after a relationship has broken down, unless circumstances create an exemption.

At the formal reading on 13 July, Mr Binley explained: "Very often court orders are made without the knowledge of the importance of a father's involvement and my bill will make sure that neither parent is shut out from the child's life when sadly a relationship breaks down." He also acknowledged the social benefits that would arise from a child having contact with both their parents.

In many cases, one parent is allocated as the sole carer of their offspring, which can often have a divisive effect on families. Mr Binley hopes that readdressing the need for legislation will help overcome such problems in the future.

Sue Andrews, practice group leader at B P Collins, comments: "At present both parents have joint parental responsibility of their children, and that remains so after separation and divorce. Parental responsibility is a very wide concept but includes the right to make major decisions affecting a child’s welfare and upbringing such as education and religion.

"Despite this however upon separation and divorce children are less likely to have their home with their father unless that is agreed or he has been the children’s primary carer.

"This does create a feeling of unfairness and so what Mr Binley wants is for both parents to be on a 'level playing field' from the outset. He advocates an Order in all cases (Shared Parenting Order) which would make it clear to both parents, the children and the outside world that both parents are entitled to be fully involved with the children and that children should spend substantial and significant periods of time with both parents."

If you would like to speak to one of B P Collins' experts in family law, please call 01753 279045, complete the online enquiry form or email familylaw@bpcollins.co.uk.

Posted by Sue Andrews

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