Aug. 23, 2018-Debunking the arguments against rebuttable presumption for equal shared parenting

A legal presumption of shared parenting, it is argued, would prioritize parental rights over the well-being of children. … In addition, it is argued that, in allowing judges to exercise their discretion, the best interests standard provides for individual justice.

A legal presumption of shared parenting based on a firm foundation of research evidence defining children’s needs and interests in the divorce transition –

(1) provides a clear and consistent guideline for judicial decision making.

(2) This presumption provides a clear-cut default rule,

(3) removes speculation about future conduct as a basis for making custody decisions,

(4) limits judicial discretion,

(5) enhances determinacy and predictability of outcome, and

(6) reduces litigation and ongoing conflict between parents.

Edward Kruk (2018): Arguments Against a Presumption of Shared Physical Custody in Family Law, Journal of Divorce & Remarriage, DOI: 10.1080/10502556.2018.1454201 at page 10.

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