Video: What Does The Term 'Shared Care' Mean in Family Law?

In the context of family law, what does shared care mean, and does it mean equal care? It is one of the most misunderstood terms in child arrangements, so here is what it actually means.

When a court considers making an order detailing whom a child lives with and/or spends time with, it makes what is called a child arrangements order. The notion of shared care comes out of a child arrangements order.

If an order states that a child lives with both parents, then this is a shared care order. However, and this is sometimes where the confusion comes in, shared care does not necessarily mean a child’s time will be split equally between their parents. A child arrangements order could say that the child lives with both parents (shared care) but then set out a schedule which, in practice, allows more time with one parent than the other.

So why, when the basic idea of shared care suggests equal care, does the court make orders where shared care is unequal? It comes down to the law and the facts of the case. When deciding whether to make a child arrangements order, the court must treat the welfare of the child as its paramount consideration.

In doing so, it has regard to the statutory welfare checklist, which includes the age of the child, the wishes and feelings of the child, and their physical, emotional and educational needs. When the court takes those legal provisions into account and looks at the facts before it, it can make an order for shared living arrangements, even on an unequal basis, if that is what best serves the child’s welfare.

Shared care shows that both parents have equal status, and it can be used to reduce conflict between them. In one case, it was hoped that a shared care order might help prevent one parent from encouraging the child to adopt negative attitudes towards the other. A harmonious relationship between the parents is not a prerequisite for a shared care order, and an inability to communicate effectively is not a bar to it either. The arrangement must, however, reflect the practical reality of the care being provided, it was not deemed appropriate in one case where a father had only 45 overnights per year.

As you can see, shared care is not as simple as the name first suggests. If you would like advice on child arrangements, please get in touch with our family law team.