SR makes both parents equal in the eyes of each other, the children, etc.It is fundementally different from generour contact. The fact that the parents cannotcoperate is also not an arguement that can rule out SR.

Points in Law

a.. Children Act 1989
b.. Section 11(4) of the UK Children Act 1989 recognizes that a child may live in morethan one home and permits an order for shared residence.
c.. European Court of Human Rights. - Article 5 of Protocol 7
d.. United Nations Convention on the Rights of the Child. Article 2 Parts 1&2 (againstSole Residence)


Family Case Law

1.. Judge Callman in the case Re :A (A Minor) (Shared Residence Orders) which was heard on6 July 1993:

2.. Court of Appeal A v A (Children: Shared residence order) Before Lord JusticeButler-Sloss and Mr Justice Connell (Judgment February 3 1994)

3.. D v D (Shared Residence Order) (Court of Appeal; Dame Elizabeth Butler-Sloss p andHale lJ; 20 November 2000) [2001] I FlR 495 in which it is said that shared residence canreduce hostility

4.. Court of Appeal case on 6th April 2001 In The Matter of J (a child) Case No:B1/01/0610 Lord Justice Ward

5.. Limitations of Litigation (Lord Justice Thorpe) Court of Appeal Judgment in re L (ACHILD) (19 June 2000) - addresses the problems of the family justice system.

6.. Re F (Shared Residence Order) [2003] EWCA Civ 592. Court of Appeal.Thorpe LJ, Wilson J18 March 2003

 

Shared Residence Web Pages

Author  Tim Griffiths

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