What is a Shared Care Order?

Understanding Shared Care Orders in England and Wales

A Shared Care Order refers to a legal arrangement under the Children Act 1989, where the court decides that a child will live with both parents for specific periods. Although the term “custody” is no longer used in legal terms, Shared Care Orders are part of what is now called Child Arrangement Orders. These orders define the living and contact arrangements for a child following a separation or divorce.

The Shift from “Custody” to “Child Arrangement Orders”

In the past, “child custody” determined which parent the child would live with, often giving that parent significant control over the child’s life. The other parent, known as the non-resident parent, had limited decision-making power. However, in 2014, an amendment to the Children Act 1989 replaced terms like “custody,” “residence,” and “contact orders” with Child Arrangement Orders. This change aimed to focus on the child’s best interests rather than giving the impression that one parent “wins” and the other “loses.”

What is a Shared Care Order?

A Shared Care Order is part of a Child Arrangement Order that outlines how a child’s time will be split between parents. Even though the term “shared custody” is outdated, the concept remains that both parents are involved in their child’s life, both physically and legally. A shared care arrangement doesn’t necessarily mean a 50/50 time split; it can be flexible to suit the child’s needs and parents’ circumstances.

For example, a child might live primarily with one parent during the school week and spend weekends or holidays with the other parent. The key is that both parents share responsibility and involvement in the child’s upbringing.

Shared Care and Child Arrangement Orders: What Do They Mean? 

Shared care in a Child Arrangement Order usually translates into a “lives with” and “spends time with “arrangement. This means that the child will live with both parents at different times, reflecting the importance of both parents in the child’s life.

The court’s primary focus is on the child’s best interests. So, even if the time isn’t split equally, the child benefits from maintaining strong relationships with both parents. These arrangements can vary widely, depending on what works best for the child and the parents. For instance, a child might spend weekdays with one parent and weekends with the other, or alternate weeks between homes.

Common Child Arrangement Orders

There is no one-size-fits-all approach to Shared Care Orders. The court considers each case individually, focusing on what is best for the child. Here are some typical arrangements:

• Sole Residency – The child lives with one parent, but the other parent has regular visitation rights.
• Joint Residency – The child has two homes and spends time in both, though not necessarily on a 50/50 basis.
• Co-parenting – Separated or divorced parents work together to raise the child, often creating a parenting plan that is not legally binding unless formalized by the court.
• Flexible Arrangements – Parents agree on a schedule that may change based on their availability or the child’s needs.
• Bird’s Nest Parenting – The child stays in one home, while the parents take turns living with the child there. This arrangement is less common and typically used for younger children.

How Courts Decide on Shared Care Orders 

When deciding on a Shared Care Order, the court takes into account several factors, always prioritizing the child’s best interests. The court may consider:

• The child’s wishes and feelings
• The child’s physical, emotional, and educational needs
• How changes in circumstances might affect the child
• Any potential risks or harm to the child
• The age, sex, and background of the child

The court’s default position is that the involvement of both parents is in the child’s best interest unless there is evidence to suggest otherwise.

The “No Order” Principle 

It’s important to note that the court may decide to issue “no order” if it believes that making an order is not in the child’s best interests. The court only intervenes when necessary, preferring parents to reach amicable agreements on their own.

Why Family Mediation is Important Before Seeking a Shared Care Order

 Before heading to court for a Shared Care Order, it’s highly recommended that parents try family mediation. In many cases, it is also a legal requirement. Family mediation can help both parties reach an agreement that is in the best interests of the child without the need for a lengthy court process. At Mediate UK, we specialise in helping parents through these discussions, offering professional mediation services that aim to keep matters out of court.

If mediation doesn’t lead to an agreement, and you still need to go to court, we can also assist with completing the C100 form through our McKenzie Friend packages. Our experienced team provides support throughout the process, helping to ensure your application is as smooth as possible. 

Summary

A Shared Care Order is designed to ensure that both parents remain actively involved in their child’s life, even after separation or divorce. The goal is to create an arrangement that best serves the child’s needs, with flexibility and cooperation between the parents.

If you’re considering applying for a Shared Care Order or want to explore mediation options contact our friendly business support team today. We can help you find the best solution for your family, offering professional mediation services and assistance with legal forms like the C100. Remember, the court’s ultimate goal is the well-being of your child, and sometimes that means deciding that no order is the best order for your situation.