Statutory Amendments to Implement Equal, Shared Parenting

Government shatter hopes of Parents and Grandparents

The Government has rejected Conservative proposals to give separated parents the legal right to have contact with their children. At present, parents have no legal right to contact with their children after divorce or separation. Conservative Shadow Secretary of State for the Family, Theresa May Mp, tabled an amendment to the Children's Bill, calling for a change in the law to allow 'co-parenting'.

Mrs May said,

"It is bitterly disappointing for all those parents and grandparents unable to have proper contact with the children they love that Government should reject this plan out of hand. Our proposal would have allowed both parents to have a legal right to be involved in the upbringing of their children..

For too many separating couples, the child becomes a weapon in a bitter divorce. We hoped to ensure that both parents could play a full and active part in their children's lives. The Government are obviously content to see families dragged for years through the misery of the family courts. It is sad that the Government cannot see that the best parent is both parents."

The amendment to the Children's Bill (clause 5), did not specify a prescriptive 50/50 split of the child's time, but called for both parents to legally have a right to be "as fully and equally involved in his parenting as possible. The amendment was voted down by the Government.

Presumption of equal parenting

NC5

To move the following Clause:—
'(1) The Children Act 1989 (c. 41) is amended as follows.

(2) After section 1(1) (paramount consideration is welfare of the child) insert—

"(1A) In respect of subsection (1)(a) above the court shall, unless a contrary reason be shown, act on the presumption that a child's welfare is best served through residence with its parents and, if its parents are not living together, through residence with one of them and through both of them being as fully and equally involved in his parenting as possible.".'.

Carey Linde's Statutory Amendments

Click here to Carey's  document.

The Family Relations Act of British Columbia shall be amended:

a) by the addition of a new Section in Part 2 - Child Custody, Access and Guardianship:

"There shall be a rebuttable presumption of Shared Parenting. Any judgement of a court that rebuts the presumption of Shared Parenting shall contain the reasons for the rebuttal and the evidence in support of the reasons."

b) by the addition to Section 1 ( Definitions) of:

Shared Parenting means that the children of separated parents shall spend equal time with both parents.

The following factors may not be taken into consideration by a court as rebutting the presumption of Shared Parenting:

a) the lack of communication between the parents

b) allegations of stress on a child without evidence from a physician or registered psychologist

c) allegations of abuse by a parent toward a child without corroborating evidence

d) The past or present conduct of the parents toward each other

e) primary parent

The Divorce Act of Canada shall be amended

a) by the substitution of existing Section 16 (10) with:

"There shall be a rebuttable presumption of Shared Parenting."

"Any judgement of a court that rebuts the presumption of Shared Parenting shall
contain the reasons for the rebuttal and the evidence in support of the reasons."

b) by the addition to Section 2 ( Definitions) of: SAME AS ABOVE