Shared care: everyone’s a
winner?
Philippa Newis
Gingerbread, Policy Officer
[email protected]
www.gingerbread.org.uk
About Gingerbread
• What we do
• What we believe
• What we know
Direction of travel
• Terminology
• Political rhetoric and
policy reality
• Shared care
characteristics
• Outcomes for children
• Poverty and shared
care
• Conclusions
Nuts and bolts
• Definitions
– Parental responsibility
– Shared residence / care
– Shared parenting
• Evidence base
– Mixed picture with gaps in knowledge
– Need to tread cautiously
Words and deeds
• Liberal Democrat manifesto, 2010 election
• Coalition agreement
• Family Justice Review
• Private Members Bill
• Early Day Motion on shared parenting
A family profile
• 9-12 per cent of
parents in the UK
share care
• Who shares care?
• Who likes sharing
care?
• Parental relationships
• Changing patterns in
shared care
Child well-being
• Very few studies that ask children
their views on shared care
• Factors for successful shared care
arrangements
• ‘Time fallacy’
• Quality of relationship between
parents
• Younger children
Children’s voices
Holly (aged 13):
„I think it‟s probably been more
flexible…More
because I have chosen. Like it‟s not been as
rigid that I go to my dad‟s on certain days
because if there is something I want to do
then like sometimes it‟s arranged, changed
or
for whatever reason.‟
Children’s voices
Jack (aged 15):
„They share us half the time…I do actually sometimes feel
that I‟d rather live at my mum‟s house most of the time, but
I
wouldn‟t really want to, after like spending half my life
seeing
my dad, wouldn‟t want it to just stop…I‟d feel really guilty
and I wouldn‟t want to hurt anyone‟s feelings… They both
try
as hard as they can, but they end up having
arguments and stuff… if I had to choose which
house I spend more time at, I think it would definitely be my
mum‟s.‟
Legal presumption
• Redundant tool for self selecting families
• Shared care will increase in
meditated/litigated population i.e. those
families least able to share care
successfully
• Risks undermining the welfare principle
• Misplaced emphasis on time
• Buries safety concerns
Poverty & shared care
• Tax and benefit
system predicated on
a ‘main carer’ model
• Access to housing
• Benefit splitting
• Relationship between
time and money
• SC is not financially
practicable for low
income families
Case studies
“Client has a 3 year old child and shared care residency
order has been decided. Client has child 7 days out of 14.
Client applied for Child Benefit, but they have told him that
as mother is already getting this they will not swap the
recipient of this. Client wants to know what he can do as he
can't get Income Support or Child Tax Credit if not getting
the Child Benefit. Client says that ex-partner is high earner
and he should be able to get child maintenance from her
but he has been told that he cannot due to the fact that not
getting the Child Benefit.”
Case studies
“Caller has his preschool age daughter 3.5 days per week,
he is unemployed. She gets Child Benefit, Child Tax
Credits and Housing Benefit based on having a child. He is
on JSA only and his Housing Benefit is based on the single
parent room rent. Job Centre Plus will not recognise
his caring responsibilities and have told him he needs
to be looking for work of 40 hours per week.”
Conclusion
•
•
•
•
•
•
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Shared care has its benefits
Not everyone’s a winner
Political and policy mis-match
An option for the rich?
Legislation is an inappropriate intervention
What other options do we have?
Where do we go from here?
References
Cashmore, J. et al. (2010) Shared care parenting arrangements since the 2006 family law reforms:
Report to the Australian Government Attorney-General‟s Department. Sydney: Social Policy
Research Centre, University of South Wales.
Coleman, L. Glenn, F. When couples part: Understanding the consequences for adults and children.
London: One Plus One
Gilmore, S. (2010) Shared residence: a summary of the courts guidance. Family Law, March, 2010
Hunt, J., Roberts, C. (2004) Child contact with non-resident parents. Family Policy Briefing 3. Oxford:
University of Oxford
Kaspiew, R. et al. (2010) The Australian Institute Studies evaluation of the 2006 family law reforms:
key findings. Australian Journal of Family Law 24 (1), 2010.
McIntosh, J et al (2010) Post-separation parenting arrangements and developmental outcomes for
infants and children. Collect reports. Three reports prepared for the Australian Government
Attorney-General‟s Department. Attorney General’s Department
Mooney, A. et al. (2009) Impact of family breakdown on children‟s well-being. Evidence review.
London: Department for children, schools and families.
Peacey, V., Hunt, J. (2009) I‟m not saying it was easy: contact problems in separated families.
London: Gingerbread.
Tinder, L. et al (2006) Making contact happen or making contact work? The processes and outcomes
of in-court conciliation. London: Department of Constitutional Affairs
Trinder, L. (forthcoming) Shared residence: a review of recent research evidence. Child and Family
Quarterly.