The Children Act 1989: Once a parent always a parent?

Abstract

The Children Act 1989 changes the way in which the legal system approaches the welfare of children affected by divorce. Central to these changes is the new concept of parental responsibility and the “presumption of no order.” This article examines whether the Act will work to the benefit of children and questions the model of co-operative parenting recommended by some commentators. At the same time it points out that to focus on the “primary carer” alone does not resolve all the issues. It concludes by arguing that imposed co-operation could be a recipe for continual conflict and that there will be circumstances where a court order, and a clarification of who has responsibility, could be best for the child and the primary carer