Law reform for shared-time parenting after separation: reflections from Australia

Keogh, Elizabeth, Smyth, Bruce and Masardo, Alex ORCID: 0000-0003-0169-6794 (2018) Law reform for shared-time parenting after separation: reflections from Australia. Singapore Academy of Law Journal, 30. pp. 518-544.

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Abstract

Shared-time parenting is an emerging family form in many Western countries. Legislative reform in Australia in 2006 introduced a presumption of ‘equal shared parental responsibility’ and a requirement that Courts explicitly consider the making of orders which provide for children to spend ‘equal time’ or ‘substantial and significant time’ with each parent. These reforms occurred in the context of an already increasing prevalence of shared time parenting arrangements. In this article, we highlight key changes to family law legislation in Australia over the last four decades which evidence an increasing emphasis on the involvement of both parents in a child’s life after separation. We then turn to demography, identifying some common characteristics of families who adopt shared-time parenting arrangements and exploring the prevalence and incidence of shared-time arrangements. In particular, considering whether prevalence and incidence appear to have been affected by legislative reform. We conclude by offering some reflections for other countries on the Australian experience of legislating to encourage shared parenting in the broadest sense.

Item Type:	Article
Article Type:	Article
Uncontrolled Keywords:	Family law; Separation; Divorce; Parenting
Subjects:	H Social Sciences > HQ The family. Marriage. Woman K Law > K Law (General)
Divisions:	Schools and Research Institutes > School of Education and Science
Research Priority Areas:	Society and Learning
Depositing User:	Rhiannon Goodland
Date Deposited:	27 Feb 2018 10:00
Last Modified:	04 Feb 2022 12:16
URI:	https://eprints.glos.ac.uk/id/eprint/5372

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