JUDGE-MADE LAW IS BAD LAW

Clare Dyer, Legal Editor of The Guardian, writes in today's edition about the confused state of our laws regarding the finances of divorce.

On money issues also, it is left to the Judge to decide how the spoils are to be divided. Clear laws don't govern the outcome. The individual prejudices of judges decide the division of capital and assets. If the judge has a particular bias, that can have a huge difference on how the money will be divided.

The same applies to the apportionment of parenting time between parents. Whatever the judge says goes! Old-fashioned judicial thinking overwhelmingly favours awarding sole custody to one parent (so-called "residence")with the other parent (the so-called "contact parent") being relegated to the role of a visitor! The financial rulings then follow to support that regime.

EQUAL PARENTING COUNCIL believes that the starting point should be EQUALITY. The children's best interests are supposed to be the court's paramount consideration. Research overwhelmingly shows that children do best when they continue to have a full relationship with BOTH their parents - unless either parent is unfit. The Government says it supports that view.

Therefore, the judge's first priority should be to make sure that the children's parenting time with both parents is secured. The finances should then be apportioned (a) to underscore the parenting plan that has been agreed (or ordered) and (b) to serve the overriding yardstick of EQUALITY.

Treating both parents equally (excepting cases of parental unfitness)is what truly promotes the welfare of children. The Government is wrong to separate issues of children and finances. The two are inextricably linked.

CLEAR DIVORCE LAWS would ensure that everyone going into marriage would know the consequences should the marriage end. Such certainty and clarity would encourage early settlements. The biggest winners would be the children of divorce. The only losers would be lawyers - those that thrive on protracted disputes! Therein lies the rub!?

READ ALSO "AN INSIGHT INTO JUDICIAL THINKING" ON THE EPC FORUMS

AND TONY COE's PRESENTATION
"The Burning Need for a Legal Presumption of Parenting Time"

READ THE GUARDIAN ARTICLE