What Is a Shared Care Arrangement and How Does It Work?

A shared care arrangement, sometimes reflected in a child arrangements order specifying that the child lives with both parents, is an arrangement under which a child spends significant periods of time living with each parent. It does not have to mean an exact 50/50 split of time to be described as shared care. The focus is on the child having a meaningful, substantive relationship with both parents as part of their regular routine.

Is There a Presumption in Favour of Shared Care?

There is no automatic presumption in favour of any particular division of time. The Children Act 1989 does contain a presumption that involvement of both parents in a child's life is generally in the child's welfare unless there is evidence suggesting otherwise, but this is a presumption of involvement, not of equal time. Shared care is one possible arrangement among many, and the appropriate arrangement depends on the specific circumstances of the child and the family.

What Does the Court Consider?

The court considers whether shared care is practicable given the parents' living arrangements, work patterns, and proximity to each other and to the child's school. It considers whether both parents are capable of meeting the child's needs during their care. It considers the child's wishes and feelings given their age and maturity. And it considers whether the parents can communicate well enough to make shared care work in practice, since the arrangement requires a degree of cooperation that not all separated parents can achieve.

What Are the Practical Challenges?

Shared care requires significant logistical coordination. The child needs to have everything they need at both homes. Arrangements for school, activities, medical appointments, and holidays need to be agreed regularly. Communication between the parents needs to be functional. Where parents cannot communicate without conflict, shared care arrangements can expose the child to ongoing tension which undermines the benefit of the arrangement itself.

What Does the Order Say?

A shared care order specifies the pattern of time the child spends with each parent. This might be alternate weeks, a three-four pattern, or a different division depending on what works for the child. The order also addresses holidays, school holidays, and special occasions such as birthdays and Christmas. The more detail the order contains, the less scope there is for future disputes.

Summary

Shared care means a child lives substantially with both parents. There is no presumption of 50/50. The court focuses on the child's welfare, the practicality of the arrangement, and the parents' ability to cooperate. A detailed order reduces future disputes. A family law barrister can advise on whether shared care is achievable in your circumstances and draft an order that works for the child.

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