Shared Care Skeleton Argument

Background

1. This skeleton argument is prepared by the applicant in support of his case that the care of the relevant child should be shared between the parents, on the basis that shared care was the usual arrangement for the child (Childs name) until the mother recently and unilaterally altered the same.

2. The brief background of the case is the parents were married on [date here). The child was born on (Date here). From the date of her birth mother and father were equally responsible for her care, father working at home and therefore able to take a full role in the care of the child. The parents separated on (date) and shared the care of the child until [date ] when mother unilaterally altered those arrangements.

3. From the date of separation until [date] the arrangements for the care of the child were [state arrangements very clearly here]. Those arrangements continued until [date] when father was served with an ex parte prohibted steps order, which lead to this application. Father seeks to have the shared care arrangements, which were the de facto status quo for this child, re-established forthwith.

The Relevant Law

4. The relevant law is the Children Act 1989 specfically sections 1 and 8; the cases of D v M (Minor: Custody Appeal) [1982] 3 All ER 897 and S v W (1981) Fam Law 81; Articles 6 and 8 of the European Convention on Human Rights 1950.

The Argument

5. (child name) is a child who has been cared for jointly by her parents throughout her thus far short life. It is an arrangement she is used to and one under which she is thriving. It would be damaging to her welfare for the interuption of this arrangement to be allowed by this court to continue, as per Ormrod LJ in D v M:

"...it is generally accepted by those who are professionally concerned with children that, particularly in the early years, continuity of care is a most important part of a child's sense of security and that disruption to established bonds is to be avoided whenever it is possible to do so...".

It is open to this court to ensure that the recent unilateral change in (childs name) care does not alter her sense of security by ordering a reversion to the previously established pattern of care, shared between her parents.

6. It is acknowledged that shared care of a child so young is rare. However, (childs name) was thriving under that established arrangement, it being a satisfactory arrangement for her and one which had been established from birth, which was indeed acknowledged by mother, when she agreed to the shared care arrangement in writing (this document is available to the court). It being accepted that the arrangement was one which was satisfactory, it is respectfully submitted that the court should therefore order the reversion to that arrangment, as per Ormrod LJ in the case of S v W:

"...the status quo argument depends for its strength wholly and entirely on whether the status quo is satisfactory or not. The more satisfactory the status quo, the stronger the argument for not interferring."

7. It is accepted that the court may at this stage consider it does not have sufficient information to determine the standard of the status quo. Should the court so consider it is submitted that in the absence of any evidence to the contrary (and none such exists), it should be assumed that the status quo was indeed satisfactory, and therefore ought to be reverted to. For this court to do otherwise, would compromise the Article 6 rights of the father to a fair hearing, as to refuse to re-establish the child's status quo at this stage would be to permit an altered status quo to come into being while the court investigates matters thereby making subsequent reversion confusing and damaging to the child, particularly in light of her very young age. This alteration would also compromise both the father's and child's Article 8 rights to family life, as their family life would change immeasurably and unrecognisibly.

8. Accordingly father seeks an order for shared care in the terms outlined in paragrpah 3 above.


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