The Court of Appeal have ruled that a Judge had erred in failing to provide sufficient reasons or an explanation as to why a 50:50 shared care arrangement (alternate weeks) was in the children’s best interests, being a departure from the status quo.
The Court of Appeal have ordered that the matter be remitted to the lower Court to a different Judge so that the issue of division of shared care during term time can be determined. Macfarlane LJ and Black LJ have urged the parties to try and reach an agreement in the children’s best interests instead of relying on the Court to make this decision. The Court of Appeal ruled that the current arrangements should remain in place on a practical basis until the matter has been determined by the lower Court.
Black LJ commented that the Judgment did not intend to change the law in respect of the duty to request further reasons if a Judgment was thought to be lacking however in the above circumstances, this was not possible.
Curzon Green acted for the father.