Is there a presumption of equal shared care for children?

One of the most common questions separating parents ask is whether there is a legal presumption that children should spend equal time with each parent. In this video, Jamie Kennaugh and Hannah Owen explain how child arrangements are decided following separation and why the answer is often more nuanced than a simple 50/50 split. The discussion explores the key principles that guide decisions about child custody, shared care arrangements and parenting time, with a particular focus on the child's welfare as the court's paramount consideration.

The video outlines how parents can often agree child arrangements between themselves without court intervention, and what happens when an agreement cannot be reached. It explains the factors courts consider under the welfare checklist, including a child's wishes and feelings, emotional and educational needs, family circumstances, practical care arrangements and any safeguarding concerns. The team also discusses the distinction between meaningful involvement by both parents and equal time, highlighting that there has never been a legal presumption of a 50/50 parenting arrangement.

The lawyers also consider recent developments in family law, including the Government's announced intention to repeal the statutory presumption that a child benefits from the involvement of both parents. They explain what this could mean for future child arrangements cases, as well as the importance of co-parenting, mediation, parenting plans and obtaining specialist family law advice. The key message throughout is that every family is different and that successful child arrangements should be guided by what best supports the child's wellbeing, stability and long-term interests. For more information, watch the full video.