Saturday, July 19, 2014

Conference on Shared Parenting

The NPO reports:
The International Conference on Shared Parenting on 9-11 July 2014 in Bonn, Germany under the theme "Bridging the Gap between Empirical Evidence and Socio-Legal Practice" was the first international and interdisciplinary gathering of scholars, practitioners and NGO representatives interested in the emerging paradigm of shared parenting in families in which parents are living apart. ...

At the conclusion of our first International Conference on Shared Parenting the Scientific Committee has developed the following Consensus Statement: ...

1. There is a consensus that neither the discretionary best interests of the child standard, nor sole custody or primary residence orders, are serving the needs of children and families of divorce. There is a consensus that shared parenting is a viable post-divorce parenting arrangement that is optimal to child development and well-being, including for children of high conflict parents. The amount of shared parenting time necessary to achieve child well-being and positive outcomes is a minimum of one-third time with each parent, with additional benefits accruing up to and including equal (50-50) parenting time, including both weekday (routine) and weekend (leisure) time.

2. There is consensus that "shared parenting" be defined as encompassing both shared parental authority (decision-making) and shared parental responsibility for the day-to-day upbringing and welfare of children, between fathers and mothers, in keeping with children´s age and stage of development. Thus "shared parenting" is defined as "the assumption of shared responsibilities and presumption of shared rights in regard to the parenting of children by fathers and mothers who are living together or apart."

3. There is a consensus that national family law should at least include the possibility to give shared parenting orders, even if one parent opposes it. There is a consensus that shared parenting is in line with constitutional rights in many countries and with international human rights, namely the right of children to be raised by both of their parents.

4. There is a consensus that the following principles should guide the legal determination of parenting after divorce: (1) shared parenting as an optimal arrangement for the majority of children of divorce, and in their best interests. (2) parental autonomy and self-determination. (3) limitation of judicial discretion in regard to the best interests of children. ...
This is better than expected. There are a lot of judges who think that shared parenting should never be ordered, because it requires agreement of the parents. And if the parents are in court, then they are not agreeing. Furthermore, state laws always say that the BIOTCh is more important.

3 comments:

HeligKo said...

These things all sound great. I am advocate of getting these cases away from judges. The parents chose to have kids together, so it shouldn't matter who is the better parent. It should only matter if one parent is incapable. For this to every truly work, child support has to be removed as a time division incentive for one parent to fight the other, and the idea that a child has a right to a standard of living similar to what they had before divorce needs to go away. The children are the beneficiaries of the one or both parents standard of living, but are not entitled to it.

Anonymous said...

I think the judge should be forced to spend a year living like a child of divorce in a shared parenting situation. Have 2 homes and alternate between the two every other week. Hint-just leave the suitcase packed and enjoy living from it. Joint physical custody is a nightmare for children. To me, the solution is primary with one parent and seriously cracking down on custodial interference and parental alienation.

George said...

I would add that judges should be forced to endure all the other alternatives that they order. Including forced separation from his loved ones.

Millions of kids live with joint custody, and do just fine.