ABSTRACT

This chapter shows that preliminary research findings based on interviews with divorced or separated parents, and in my conclusion I shall give some tentative consideration to issues of social injustice. There were two main social developments that foregrounded the emergence of the private law provisions of the Children Act. The extreme form of patriarchal power is gradually challenged and in the process new concepts of social justice emerged. The Law Commission18 took the view that hostility between parents could create conditions detrimental to the future welfare of the child. The key element of the policy is the stated preference in the Act that wherever possible, no order should be made in relation to the children. The main architect of the Act, argued that it was an experiment in joint-parenting. The basis of first round of interviews grouped the parents into three categories. These called Co-parenting, Custodial parenting and Solo parenting.