Shared Parenting Information Group (SPIG) UK

- promoting responsible shared parenting after separation and divorce -

Joint Custody - pre Children Act 1989 decisions

Caffell v Caffell

[1984] FLR 169

Joint custody - father very concerned about children

Granting sole custody to the mother would be unduly hard on the father.

Father had shown the Judge that he was very concerned over the children and the order would recognise that he was a father who had a strong interest in the welfare of his children. (Also a hope that it might bring the parents together)

Dipper v Dipper

(1980) 1 FLR 286

Joint custody, education, religion

This is a case where the father has an intent to play an active part in his children s lives. It is right therefore that the order of the Court should be in a form which recognises the situation as it will be.

The parent is always entitled whatever his custodial status, to know and be consulted about the future education of the children and any other major matters. If he disagrees with the course proposed by the custodial parent he has the right to come to the court in order that the difference may be determined by the court

Hurst v Hurst

[1984] FLR 867

Joint custody - criteria - promotion of child's welfare

Wife claimed that joint custody order should only be made if there was a reasonable prospect of parties co-operating - which she was averse to. Father anxious to preserve as much of his contact as is possible, and there is a good deal to be said for making an order which shows that the court recognises this, and helps him get over the bitterness he is bound to feel. Order for joint custody upheld at appeal.

May v May

[1986] 1 FLR 325

Joint custody - care & control to father

Both parents capable and competent but have conflicting and different standards in bringing up children. Mother had a very free and easy approach to life, discipline and academic achievement, was very different to approach from father.

David Cannon
First issued January 1989

SPIG Home Page