Parental responsibilities: Reformulating the paradigm for parent–child relationships Part 1: What is wrong with the ways in which we deal with the children of separated parents and how to put them right

Abstract

ABSTRACT This is the first part of a two-part article, which calls for the removal of terms such as rights and custody, including joint and shared custody, and visitation from the legal discourse in relation to children and their parents. This part demonstrates how the current discourse, based on the competing rights of the parents, leads inevitably to competitiveness and litigation, which are highly damaging to the child. The proposed paradigm of parental responsibilities requires establishing the needs of the specific child when there are parental disharmony and separation, while emphasizing the joint responsibilities of both parents to ensure that those needs are adequately met. This part also addresses the question: who has parental responsibilities, when a child is born as a result of Assisted Reproductive Technology, and also the quasi-parental role of the court.