Earlier this month the Government announced its intention to introduce legislation which would compel the judiciary to ensure that each parent is able to see their children regularly or even equally following a separation or divorce. This follows hot on the heels of the Norgrove report which after due consideration advised against a presumption of equality for parents.
So which of these considered opinions is correct? To answer this we need to assess what actually happens now.
It is right to say that the courts do now favour a situation where both parents have regular frequent and fairly even amounts of time with their children after separation. However we cannot forget that this is an ideal. When this is not supported by the court there is a reason. That may be one of a number of reasons.
Perhaps it is geographical - under the Government proposal what would happen if the father were to move away and find it impossible to spend equal amounts of...
Read the full article here.