Judgment favours shared care rather than relocation

In a recent Court of Session judgment by Lord Arthurson, a mother’s application to allow a move to the south of England with her three children was rejected.  The judge considered that it was in the best interests of these children aged between 5 and 9 for their care to be shared between their parents.  The proposed relocation would prevent this sharing.

Although decisions on such matters always depend on the individual circumstances, it is notable that shared care was ordered despite a range of concerns being raised about the father.  Despite his previous substance misuse and aggressive behaviour, evidence was led that the father had been treated for this addiction.  There was now no obstacle to shared care in this case, according to a consultant forensic clinical psychologist.

The court order is for the children to live with their father for 6 nights in every 14 during term time.  The bi-weekly pattern allows the children to spend alternate weekends with each parent and for handovers to take place at school.