BLong Blog

The Telegraph has reported that, under plans being drawn up by ministers, divorced parents may soon be given a legal right to see their children. In divorce proceedings, the courts currently have a limited role in ensuring divorced parents see their children and, in most cases, allow the parents to make the arrangements for the children themselves. The courts tend to intervene only when requested.

Under the new system, legislation could be amended to promote shared parenting and may place pressure on Judges to stipulate the length of time that each divorced parent should spend with their children.

Similar legislation was introduced in Australia in 2006 and has been subject to much criticism. A review by David Norgrove found that the introduction of shared parenting was having a detrimental impact on children; the courts were dictating how much time a child should spend with each parent rather than focussing on the quality of the relationship with the child. The review went on to recommend that no legislation should be introduced that risks creating a perception of a parental right to shared or equal time for both parents.

I agree with Mr Norgrove; the courts paramount consideration should be that of the child, not the parents. The focus should be on the best interests of the child rather than on ensuring the parents are treated equally, in terms of how much time they spend with the child. If new or amended legislation is introduced I hope that it is able to focus on the quality, rather than the quantity, of contact between a child and each parent.

Just after Christmas, an Italian Court revealed that a 99 year old man is to divorce his 96 year old wife after discovering an affair which took place in the 1940s. It is believed the man, named only as Antonio C, discovered love letters written to his wife, named as Rosa C, after clearing out an old chest of drawers.

The couple, who have been married for over 77 years met in the 1930’s and have five children, a dozen grandchildren and one great-grandchild.

The adultery, which is believed to have been admitted, is to be the basis for the divorce, despite having taken place over half a century ago. How is this possible? In England, the law states that adultery can be used as the basis for a divorce providing a couple have not lived together for more than six months since the date the spouse discovered the alleged adultery. If this were an English case, the six months would commence on the day Antonio found the love letters evidencing his wife’s affair. The date of the actual act of adultery is irrelevant (even if it was 70 years ago).

The couple now need to try and agree a division of the assets accrued throughout their time together; at 99 and 96 years of age I hope that agreement can be reached with as little acrimony as possible.

Antonio is now thought to be the oldest man ever to divorce (the previous record was held by a British couple, both aged 98). Whilst on the subject of records, this was not the only one set in 2011; in August I posted a blog about a record breaking divorce settlement. Now let’s see what 2012 brings…