Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the Department has reviewed international evidence on shared parenting arrangements following parental separation and the potential implications for family justice policy in England and Wales.
The Government has not undertaken a specific review of international evidence on shared parenting arrangements.
Decisions about whom a child is to live with or spend time with are based on the child’s best interests and the individual circumstances of each case. The court must have particular regard to the factors set in the ‘welfare checklist’ in the Children Act 1989, such as the ascertainable wishes and feelings of the child concerned, the impact on the child of any change in circumstances, and how capable each parent is of meeting the child’s needs. Where the facts of the specific case suggest a shared parenting arrangement is in the best interests of the child, this will likely be supported by the court.
The safest way to determine parenting arrangements that meet a child's needs is to ensure that decisions are based on the individual circumstances of the case. This enables the court to consider all relevant factors specific to that child to ensure a safe decision is made in their best interests. A prescriptive approach to shared parenting arrangements cannot safely reflect the unique circumstances and welfare considerations of every child. The Government continues to consider relevant evidence, including research, stakeholder engagement and findings from relevant reviews to ensure that the family justice system delivers for children and families.