Observations on practice and developments in private international law relating to children and families
Monday, 6 February 2012
Government response to Norgrove Review
The coalition governments response to the Norgrove Report was published this morning. By and large they have accepted the recommendations of the Report. One significant area where they have departed from the Report is on the question of whether there should be a legislative presumption of shared parenting. The Norgrove Report concluded (based largely on feedback from other countries) that such presumptions were very difficult to operate in practice and could lead to greater rather than less litigation. However the Government have decided that they will introduce some form of legislative shared parenting presumption. The form that such a presumption will take is to be considered by a committee of ministers and is always to be subject to the child's best interests. However it is likely to affirm that it will be in a child's best interests to have a meaningful relationship with both parents post separation provided it is safe to do so. It is hoped that by doing so the importance of both parents will be emphasised with a view to encouraging separating parents to reach arrangements which allow both to play a meaningful role in the life of their child. The Response recognises that there are strong views on each side of the debate and that the evidence in relation to the benefits of such presumptions is not clear but nonetheless the Government has concluded it is a worthwhile enterprise to pursue.
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