In Matters of Alternating Residence of Children the Interest of Parents to Share Parental Responsibilities Should be the Primary Consideration

Abstract

After the breakdown of a relationship, there are always dispute about the child custody and residence which in most cases are resolved by competent authorities in the national jurisdiction of where the child is domicile. The issue of alternating residence varies in different countries and thus it is an issue for the national jurisdiction in which the situation arises. Some countries will allow the parents to make an agreement; others will mediate through the competent authority, while some countries do not allow alternating residence for children. This paper will give a general overview of the topic and then narrow it down to the examination of some body of case laws from my national jurisdiction of England and Wales since the topic varies on what obtains in different countries. Relevant literatures and authorities will be considered in this work and conclusion drawn.