What’s in a shared care ‘label’? Reflections from AZ v BX [2024] EWHC 1528 (Fam)

Cason Yong, Pupil Barrister, Coram Chambers

Once viewed as an exception, shared care arrangements are now fast becoming the go-to solution for many courts in private child arrangements disputes. However, is this shift happening too rapidly? This article critically examines the growing trend towards shared care orders in family law, especially in light of the 2024 decision AZ v BX (Child Arrangements Order: Appeal) [2024] EWHC 1528 (Fam). While shared care can promote stability and equal parental involvement, the article raises concerns about courts prioritising symbolic equality over the child’s welfare, leading to one-size-fits-all decisions that overlook the complexities of individual family situations. By reviewing key case law and recent research, the article calls for a more cautious, case-by-case approach, urging that the focus remain squarely on what’s truly best for the child, not simply on meeting the growing push for equal parenting.