Assumption: "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. 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.