A PROPOSED FRAMEWORK FOR EQUAL PARENTAL RESPONSABILITY: A NEW APPROACH TO “THE BEST INTERESTS OF THE CHILD, FROM THE PERSPECTIVE OF THE CHILD”
Edward Kruk, MSW, Ph.D.,
School of Social Work,
The University of British Columbia
Igualdade Parental, Equal Parenting Conference
Santarem, June, 2016
ABSTRACT
This presentation will outline the core elements of a socio-legal framework of equal parenting responsibility, that overcomes the limitations of a discretionary approach to the “best interests of the child” in favor of an evidence-based “best interests of the child from the perspective of the child” standard, that transforms the adversarial role of courts and child welfare professionals toward supporting parents in the fulfillment of their co-parenting responsibilities to their children’s needs after separation and divorce.
The proposed framework is intended to serve as a template for Portuguese legislators, policymakers and practitioners in the establishment of equal parenting as a presumption in law and a guide for the practice of child welfare professionals.
The presentation is divided into four parts, or “pillars,” in the establishment of equal parenting as a legal presumption and a guide for best practice in child welfare work:
- Harm reduction: The establishment of a rebuttable legal presumption of equal parenting as in the best interests of children, to reduce the harms of an adversarial approach to the legal determination of parenting after divorce. I this regard I will discuss four components of an equal parenting presumption, including the development of co-parenting plans, the application of an “approximation standard,” the core dimensions of equal parenting, and situations in which equal parenting would be rebuttable;
- Treatment: Necessary therapeutic supports to facilitate equal parenting, including post-separation education programs, family mediation, post-separation family therapy, and parenting coordination;
- Prevention: Public education toward establishing equal parenting as a norm in contested cases;
- Enforcement: The role of the courts and child welfare agents in the enforcement of equal parenting, and alternatives in situations in which equal parenting is rebutted.