Shared Parenting Orders Bill
Official Summary
A Bill to provide for the making of Shared Parenting Orders and to create a legal presumption that such Orders enhance the welfare of the child unless certain exceptions apply; and for connected purposes.
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Overview
This bill aims to introduce "Shared Parenting Orders" into UK law, creating a legal presumption that such orders are in a child's best interest unless specific exceptions apply. The bill seeks to ensure children benefit from both parents' involvement in their upbringing while upholding the paramountcy of the child's welfare.
Description
The Shared Parenting Orders Bill amends the Children Act 1989. It introduces a new type of order, a "shared parenting order," defined as an order ensuring both parents have full involvement in a child's upbringing, particularly regarding major long-term issues (education, religious upbringing, health, and significant changes to living arrangements), and requiring substantial and significant time spent with both parents. The bill establishes a presumption that shared parenting is in the best interests of the child, unless factors like harm or abuse are present. The court must consider practicality and the distance between parents when determining time allocation, aiming for at least 25% of the year with each parent if a completely equal split isn't feasible. The bill also clarifies that a parent forming a new relationship is not, in itself, a major long-term issue.
Government Spending
The bill states that any expenditure incurred by the Secretary of State under this Act, and any increase in sums payable under other Acts due to this Act, will be paid from money provided by Parliament. No specific figures are provided in the bill text.
Groups Affected
- Children: Potentially experience increased involvement from both parents, though this depends on individual circumstances and court decisions. The bill prioritizes their welfare.
- Parents: May experience changes in their roles and responsibilities concerning their children, potentially leading to increased involvement or altered arrangements, depending on court orders.
- Judges and Courts: Will need to apply the new legal presumption and consider the specific factors outlined in the bill when making decisions about child custody and access.
- Legal Professionals: Will be involved in advising clients and representing them in cases involving shared parenting orders.
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