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.