Professional and personal lives continued to collide in episode 4 of the second series of The Split on BBC 1. With an episode focusing on a number of issues relating to children there was a remarkable lack of focus on the children themselves as the main characters dwelled on their own missed chances and mistakes.
One of the key elements in the episode centred on Child Arrangement Orders – or what used to be known as residence and contact or back in the mists of time, custody and access. Both parents were portrayed as viewing it as a win or lose scenario and somewhat strangely a round table meeting ended on a threat to go to Court giving the impression that an inevitable outcome would be a 50/50 split with the children living equally with their mother and father.
The Court’s starting point when dealing with children is to consider what is in their best interests. There is no presumption akin to the starting point in financial cases that time is to be shared equally. The Court does take the view that unless the contrary is shown there is a presumption of the involvement of a parent that it will further a child’s welfare but it goes on to expressly state that “involvement means involvement of some kind, either direct or indirect, but not any particular division of a child’s time.”
What is clear is that it is not about a parent’s best interests or their needs.
When looking at the child’s best interests the Court will use the welfare checklist contained in s1(3) of the Children Act 1989 which compels the Court to have regard to, amongst other things, the children’s ascertainable wishes and feelings in light of their age and understanding , their physical, emotional and educational needs and the likely effect on any change in circumstances.
The idea of Anna Chancellor (probably best known as “duck face” in Four Weddings and a Funeral) that she would see her opponent in Court as a foregone conclusion is really in the realm of drama not reality. In reality, the issues are more nuanced, complicated and the Court undertakes a careful balancing exercise whilst always placing the children’s best interests first in making a decision.