what would be reasonable as a change in the divorce laws and children access to allow both parents more responsibilty and legal rights to their children , without one party ever having 100% control for the child.

I belive the control fo one parent over the child is more detrimental in the long term for he child, surely this would encourage communication between the parents.

Any suggestions how the government could change the law so that both parents have a responsibility for the child after divorce. I know this is a difficult question as a lot of people believe its easier when only one parent usually the resident parent has full parental control, but what if this position is abused to the exclusion of the non -resident parent, which in turn damages the future of the childs development into adulthood, which may lead to a greater likelyhood of the child being a burden on the health, prison and police services?

Mike

Currently both parents do have responsibility in law after divorce.

Contact with both parents is the right of the child. Children's rights come before parental rights.

Courts generally encourage contact with both parents, through a court order if necessary. It is usually only when CAFCASS has found that contact with the non-resident parent would be detrimental to the child that this is refused.

It is not always the case that children who only have contact with one parent are damaged developmentally. Some parents are physically and emotionally damaging to children and it is the child's right to be protected from them.

It isn't good for children to have parents openly fighting about what is best for them. So a bit of give and take on both sides is usually what is required. But slightly different ways of doing things in each home shouldn't be a problem as long as no-one gets uptight about it.

Sadie

In the UK the terms custody and access have been replaced by residency and contact. Both parents have parental responsibility, the law itself treats parents equally and in all but the most exceptional cases courts support contact. Contact isn't about parental rights, equality or fairness - it's about the right of children to have contact with the parent. I think the law is just fine, but there is much that could be done to improve the compliance with contact orders. CAFCASS's partnership with another organisation in the SE and the pending implementation of measures in the Children & Adoption Act 2006 are steps in the right direction.

As for the effects of divorce on children it seems to me there is much confusion in the media and even in academic debate. The figures indicate that there is an increase in poor outcomes for children of divorced families somewhere between 75% - 100%. However, poor outcomes for children of in tact families is 6% or 8% (sorry, I can't remember which from the top of my head) which means that 10.5% to 16% of children from divorced families suffer poor outcomes and the majority, 84% to 89.5%, are fine.

Furthermore when the figures are analysed it appears the absence of one parent per se isn't the most significant factor in poor outcomes for children, although maintaining a relationship with both parents helps children readjust after the parents separate. High levels of parental conflict, poverty and multiple family transitions are by far the most influential factors relating to poor outcomes.

On parenting and outcomes, see Susan Golombok: Parenting, what really matters, which is a comprehensive overview of the literature in this area.

Sadie