Meeting of the Parliament (Hybrid) 25 August 2020
John Finnie is right to point to the evidence that we took and some of the considerations that we weighed up during stages 1 and 2.
As I said, given how rarely courts appear to rule in favour of an equal split of parenting responsibility, it seems reasonable to ask whether there are already presumptions in the system that have a bearing. If that is the case, we should acknowledge that, and satisfy ourselves as to whether that is any less detrimental to the principle of acting in a child’s best interests than starting from a presumption of shared parenting.
I am sure that, over recent weeks, we have all been contacted by constituents and others wanting to share the details of the fallout from their relationship breakdowns. None of that is pleasant—it can often be heartbreaking—but nor is it a matter on which we can safely take a definitive view. We cannot be sure that we have all the facts. Therefore, it must be left to the courts, supported by expert advice, with access to all the facts, to make a determination in the best interests of the child. However, why should those facts not be applied after starting from a presumption of shared parenting?
Society quite rightly expects relationships to be based on a more joined and shared parenting model than may have been the case in the past. That recognises not least the benefits to the child or children that come from such an approach. Why should it not be that we work from a similar starting point in the event of that relationship breaking down? Amendment 26 would allow that to happen.