Sharing mum & Dad

[Labro]

I watched this dispatches programme on C4 about the changes to the childrensact and the insertion of a clause which will make a presumption of shared parenting unless there is a risk to the child.

Will this apply to new court applications only, or if my ex h got it into his head to apply for a variation to our existing order (he's taken me to court 4 times over 8 years screaming abiut his PR rights despite having no intention of allowing 10yr old ds to participate in activitiea etc in 'his' time and having weekly access and holiday time) would this new clause have any affect?

[Mags11]

Hi Labro
We do shared care, but is not a Court Order. As far as I can tell, the judge would still have to be reasonable and take into account the current arrangements and whether the kids are happy with that. Hence - if your ex is being an arse for the sake of it, hes probably likely to remain in the same position.
You should cover yourself tho and get some legal advice

[Piemother]

I worried about this too but it hasn't even been passed as yet. Also they mean shared parenting not 50/50. Actually in not even sure how it could be enforced as yet.
I thought the programme was extremely biased btw. They didn't talk to any mothers who withd contact to explore reasons why.

[Peterpan101]

Labro. The new legislation is aimed at RP's who prevent contact for nefarious reasons. Contact being stopped by the RP will only be tolerated for child protection reasons (and now has to be proved by the RP and opposed to disproved by the NRP).

It's only going to make a difference in a very small number of cases (hence the reason F4J doesn't like it). The courts have pretty much been doing it without it being in black & white.

If you've been to court and/or have an agreement and the NRP is seeing the children there will be no change to your situation at all.

[Peterpan101]

Sorry: 'as opposed to disproved by the NRP'