1 Purpose of Act

(1) The purpose of this Act is to ensure that, wherever possible, children benefit
from the full involvement of both parents in their upbringing.

(2) Nothing in this Act shall be construed so as to conflict with or undermine in
5any way the paramountcy of the welfare of the child, as established under
section 1 of the Children Act.

2 Shared parenting orders

(1) Section 8 of the Children Act is amended as follows—

(a) in subsection (1), after the words “In this Act—”, insert—

• 10““a shared parenting order” means an order providing that
  both parents have a full involvement in the upbringing
  of a child, particularly in respect of major long-term
  issues, and requiring that the child must spend a
  substantial and significant amount of time with both
  15parents;”, and

(b) after subsection (2) insert—

“(2A) When making a section 8 order, and subject to the
considerations set out in sections 1(3) and 8A, the court must
apply a presumption that it is in the best interests of the child for
20both of the child’s parents to have a full involvement in the
upbringing of the child.”.

(2) Before section 9(1) of the Children Act insert—

“(A1) A shared parenting order may only be made in relation to a child where
no other section 8 order is in force in relation to that child, or where any
such orders are discharged before the shared parenting order comes
5into force.”

(3) The Schedule makes consequential amendments to the Children Act relating to
shared parenting orders and hereby has effect.

3 Welfare of the child: definition

After section 8 of the Children Act insert—

“8A 10Shared parenting orders: additional factors relating to the best
interests of the child

(1) In considering what is in the best interests of the child under section
8(2A), the court shall have regard to the fact that the child’s welfare is
enhanced by—

(a) 15ensuring that children have the benefit of both of their parents
having a meaningful involvement in their lives;

(b) protecting children from physical or psychological harm from
being subjected to, or exposed to, abuse, neglect or domestic
violence;

(c) 20ensuring that children receive adequate and proper parenting
to help them achieve their full potential; and

(d) ensuring that both parents fulfil their duties, and meet their
responsibilities, concerning the care, welfare and development
of their children.

(2) 25The principles underlying these objects are that (except when it is
demonstrated that it is or would be contrary to a child’s best
interests)—

(a) children have the right to know and be cared for by both their
parents, regardless of whether their parents are married,
30separated, have never married or have never lived together;

(b) children have a right to spend time on a regular basis with, and
communicate on a regular basis with, both their parents and
other people significant to their care, welfare and development
(including grandparents as well as other relatives);

(c) 35parents should jointly share duties and responsibilities
concerning the care, welfare and development of their children;

(d) each parent should be involved in the child’s daily routine and
occasions and events that are of particular significance to the
child; and

(e) 40parents should agree about the future parenting of their
children.”.

4 Shared parenting: time spent with both parents

After section 11A of the Children Act insert—

“11AA Division of time between parents

(1) When making a shared parenting order, the court must apply a
5presumption that the child should spend a substantial and significant
amount of time with both parents.

(2) When applying the presumption under subsection (1) the court must
consider—

(a) the factors set out in section 1(3) of this Act; and

(b) 10whether it would be reasonably practicable for the child to
spend a substantial and significant amount of time with both
parents.

(3) In determining, for the purposes of subsections (1) and (2), whether it
is reasonably practicable for a child to spend a substantial and
15significant time with each of his or her parents, the court must have
regard to—

(a) how far apart the parents live from each other;

(b) the parents’ current and future capacity to ensure that the child
spends a substantial and significant amount of time with both
20parents; and

(c) such other matters as the court considers relevant.

(4) Where the court, in making a shared parenting order, decides not to
provide for the child to spend a substantial and significant amount of
time with both parents, it must—

(a) 25provide for the child to spend as much time as is practicable
with both parents, given the considerations set out in subsection
(2); and

(b) have regard to the desirability of the child spending at least 25
per cent of his or her time, in any one calendar year, with each
30of his or her parents.”.

5 Major long-term issues

After section 105(1) of the Children Act insert—

“(1A) In this Act, “major long-term issues” means issues about the care,
welfare and development of the child of a long-term nature and
35includes issues of that nature about—

(a) the child’s education (both current and future);

(b) the child’s religious and cultural upbringing;

(c) the child’s health; and

(d) changes to the child’s living arrangements that make it
40significantly more difficult for the child to spend time with a
parent.

A decision by a parent of a child to form a relationship with a new
partner is not, of itself, a major long-term issue, within the meaning of
this section, in relation to the child.”.

6 Interpretation

In this Act—

• “Children Act” means the Children Act 1989;

• “major long-term issues” has the meaning given in section 5; and

• 5“shared parenting” is interpreted in accordance with section 2(2).

7 Financial provisions

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of
State, and

(b) 10any increase attributable to this Act in the sums payable under any other Act
out of money so provided.

8 Short title, commencement and extent

(1) This Act may be cited as the Shared Parenting Orders Act 2011.

(2) This Act shall come into force at the end of the period of six months beginning
15with the day on which this Act is passed.

(3) This Act extends to England and Wales only.

Section 2(3)

Schedule Consequential amendments to the Children Act 1989

1 The Children Act is amended as follows.

2 In section 9(5)(a), after the words “making a”, insert the words “shared
5parenting,”.

3 In section 10—

(a) in subsection (4)(b), after the words “favour a”, insert the words
“shared parenting or”;

(b) in subsection (5), after the words “apply for a”, insert the words
10“shared parenting”;

(c) in subsection (5)(c)(i), after the words “where a”, insert the words
“shared parenting or”.

4 In section 11(5)—

(a) after the word “Where”, insert the words “a shared parenting order
15has been made with respect to a child, or”;

(b) after the words “the residence”, insert the words “shared parenting
or”.

5 In section 13—

(a) in subsection (1), after the words “Where a”, insert the words “shared
20parenting or”;

(b) in subsection (2), at the end, insert the words “, or, where a shared
parenting order has been made, by one of the parents”;

(c) in subsection (3), after the words “making a”, insert the words
“shared parenting or”.