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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.

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Title Legislating for shared parenting: exploring some underlying assumptions
Author(s) McIntosh, Jennifer E.
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
Collection: School of Psychology
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