Chris Cobb
Southam Newspapers

Regina

    Granting sole custody of children to one parent after divorce is a concept that's not in the best interests of either parents or children, says the man who developed the system of joint custody now adopted by most states in the U.S.
    James Cook, founder of the Joint Custody Association based in Los Angeles, told delegates to the Canadian National Shared Parenting Association that in the 20 years since California adopted the concept of "frequent and continuing contact" between children and both parents, the problem of delinquent support payments has been virtually eliminated and the mental health of children of divorce has improved dramatically.
    The Canadian association is meeting in the aftermath of the federal government's decision to delay implementing change to the Divorce Act for another three years.
    A special Parliamentary committee has recommended replacement of custody and access with shared parenting, a new legal concept that would give both parents equal right to be actively involved in the upbringing of their children.
    Some 90 per cent of divorce cases in California result in joint custody of children and, says Cook, divorcing couples are increasingly more inclined to bury the hatchet to develop a parenting plan.
    "With younger parents," he said, "and younger judges who have often been divorces themselves, it is simply accepted as the norm."
    According to Cook, in states where the concept of joint custody has been implemented, child-snatching — usually by a non-custodial parent — has been virtually wiped out. In 93 per cent of joint-custody arrangements there is no dispute over support payments — compared with 45 per cent in sole-custody arrangements.
    "It's the simple biggest legislative step to eliminate support payment delinquency," he said, "and you don't need a government agency to do it. Joint custody parents are also more likely to pay for extras such as camps, music lessons or a down payment on a car."
    In California, he added, divorcing couples are more likely to start by asking how a shared parenting arrangement can be developed rather than fighting over the idea.
    "We hear a lot of lawyer-bashing with the issue," said Cook, "and much of it is justified. But in the U.S. now we are finding more and more lawyers simply working with parents to develop joint custody arrangements because that is what the state says it wants."
    One California study of five- to 13-year-olds from four groups — joint and sole custody, happily and unhappily married families — revealed the psychological health of youngsters in shared parenting arrangements was better than those in homes where parents were unhappy.
    Cook, who became an advocate for joint custody two decades ago after his own marriage dissolved, says some divorcing parents strike a 50-50 arrangement but most don't.
    "My own view is that both parents should first decide how much time they have for their children and work from there. Inevitably, one parent will have less time, probably because of work. In that case, the child should get all the time that's left. Nobody is suggesting every arrangement has to be the same.

Ottawa Citizen