Post-Separation Parenting: Contemporary Trends and Challenges

by Katarzyna Kamińska

The main aim of the paper is to identify the European legal framework for shared parenting after separation or divorce. The author examines emerging trends in legislation and legal doctrine in Europe with a special focus on non-legally binding instruments relevant to exercising parental responsibility in non-intact families. Then, the author presents the definition and terms of joint physical custody, but also its application in national jurisdictions. Different approaches to shared parenting following separation on the example of Swedish, Italian, Polish, as well as Swiss experiences are presented. This article attempts to answer the question of whether this kind of child arrangement is the prevailing trend in contemporary legal practice. It is also considered whether it would be warranted to make joint physical custody a legal presumption, ie the benchmark for the courts that have dealt with children’s matters in divorce and relationship breakdown.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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