Legislating for shared parenting: exploring some underlying assumptions McIntosh, Jennifer E. 2009, Legislating for shared parenting: exploring some underlying assumptions, Family court review, vol. 47, no. 3, pp. 389-400, doi: 10.1111/j.1744-1617.2009.01263.x. Attached Files Name Description MIMEType Size Downloads Title Legislating for shared parenting: exploring some underlying assumptions Author(s) McIntosh, Jennifer E. orcid.org/0000-0003-4709-5003 Journal name Family court review Volume number 47 Issue number 3 Start page 389 End page 400 Total pages 12 Publisher Wiley-Blackwell Place of publication London, Eng. Publication date 2009-07 ISSN 1531-2445 1744-1617 Keyword(s) divorce children custody conflict court parenting legislation Summary In 2006, the Australian parliament introduced new family law legislation about substantively shared overnightparenting arrangements between divorced couples. Other countries and state legislatures are currently debatingthe merits of similar legislation.A largely unquestionable premise underpins this reform, namely that the majorityof children from separated families demonstrably benefit from the ongoing, warm and available involvementof both parents, in a climate of well-managed interparental conflict. The Australian legislation moves beyondencouragement of shared parenting in divorce cases with adequately functioning parents; it extends into grey areaswhich, to date, remain poorly serviced by credible research, including its application to children of all ages andto parents experiencing significant levels of ongoing conflict. Drawing on data from a longitudinal high-conflictdivorce sample, this article challenges three assumptions that underpin a legislative preference for sharedparenting, that shared parenting is viable and sustainable for divorced parents in conflict, that shared care enablesimproved cooperation between parents, and that as a result children will be less affected by their parents’ conflict.The article further explores the influence of the mediation process on the choice and durability of shared parentingarrangements. Language eng DOI 10.1111/j.1744-1617.2009.01263.x Field of Research 170106 Health, Clinical and Counselling Psychology 1801 Law Socio Economic Objective 920599 Specific Population Health (excl. Indigenous Health) not elsewhere classified HERDC Research category C1.1 Refereed article in a scholarly journal ERA Research output type C Journal article Copyright notice ©2009, Association of Family and Conciliation Courts Persistent URL http://hdl.handle.net/10536/DRO/DU:30091120 Document type: Journal Article Collections: Faculty of Health School of Psychology Related Links Link Description Connect to published version Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Versions Version Filter Type Wed, 08 Feb 2017, 09:25:15 EST Thu, 09 Feb 2017, 04:00:20 EST Thu, 09 Feb 2017, 05:05:42 EST Fri, 24 Feb 2017, 08:35:44 EST Fri, 24 Feb 2017, 08:37:36 EST Filtered Full Citation counts:   Cited 30 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 223 Abstract Views, 1 File Downloads  -  Detailed Statistics Created: Wed, 08 Feb 2017, 09:25:15 EST

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