Looking for help in your family court proceedings?Bridge The Gap is a free, community-built guide to UK family court, written by litigants and McKenzie Friends, for litigants. Real observations, plain English, and people who can help.
Assumption: "The court starts from 50/50 shared care of the children."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
People assume equal time with each parent is the default, and that the court only moves away from it if one parent has done something wrong.
Court Reality
There is no presumption of 50/50 care in the law of England and Wales. The child's welfare is the court's paramount consideration (s.1 Children Act 1989). The law does presume that involvement of both parents is usually good for a child, unless there is a risk of harm, but involvement does not mean equal time. The court looks at the welfare checklist, including the child's wishes and feelings, their needs, routine, age, the capability of each parent and the practicalities, and then decides what arrangement fits that child. Equal time is sometimes the outcome, but it is the result of the facts, not a starting rule.
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The Gap?
"The court starts from 50/50 shared care of the children."
Court Reality
There is no presumption of 50/50 care in the law of England and Wales. 1 Children Act 1989).
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