TY - CHAP
T1 - Legislating for shared time parenting after separation
T2 - A research review
AU - Fehlberg, Belinda
AU - Smyth, Bruce
AU - Maclean, Mavis
AU - Roberts, Ceridwen
N1 - Publisher Copyright:
© 2017 Stephen Gilmore; individual owners retain copyright in their own material. All rights reserved.
PY - 2017/1/1
Y1 - 2017/1/1
N2 - This article reviews research on post-separation shared time parenting and on outcomes oflegislating to encourage shared time parenting, drawing mainly on Australian experience. The research shows that children benefit from continuing and regular contact with both parents when they cooperate, communicate, and have low levels of conflict. However, there is no empirical evidence showing a clear linear relationship between the amount of parenting time and better outcomes for children. Rather, positive outcomes have more to do with the characteristics of families who choose shared time and who can parent cooperatively and in a child-responsive way. In contrast, research post- 2006 legislative change in Australia encouraging shared parenting suggests use of shared time by a less homogenous group, including a marked increase in shared time orders in judge-decided cases. This is of concern as emerging Australian research also suggests that shared care is more risky for children than other arrangements where there are safety concerns, high ongoing parental conflict, and for children younger than 4 years. Australian research also reveals widespread misunderstanding of the law, leading many fathers to believe that they have a right to shared time and many mothers to believe that they cannot raise issues relevant to children’s best interests, especially family violence. Overall, the research points to the complexity in legislating to encourage shared time parenting and shows that subtle changes can have important effects.
AB - This article reviews research on post-separation shared time parenting and on outcomes oflegislating to encourage shared time parenting, drawing mainly on Australian experience. The research shows that children benefit from continuing and regular contact with both parents when they cooperate, communicate, and have low levels of conflict. However, there is no empirical evidence showing a clear linear relationship between the amount of parenting time and better outcomes for children. Rather, positive outcomes have more to do with the characteristics of families who choose shared time and who can parent cooperatively and in a child-responsive way. In contrast, research post- 2006 legislative change in Australia encouraging shared parenting suggests use of shared time by a less homogenous group, including a marked increase in shared time orders in judge-decided cases. This is of concern as emerging Australian research also suggests that shared care is more risky for children than other arrangements where there are safety concerns, high ongoing parental conflict, and for children younger than 4 years. Australian research also reveals widespread misunderstanding of the law, leading many fathers to believe that they have a right to shared time and many mothers to believe that they cannot raise issues relevant to children’s best interests, especially family violence. Overall, the research points to the complexity in legislating to encourage shared time parenting and shows that subtle changes can have important effects.
UR - http://www.scopus.com/inward/record.url?scp=85029072242&partnerID=8YFLogxK
U2 - 10.4324/9781315090085
DO - 10.4324/9781315090085
M3 - Chapter
AN - SCOPUS:85029072242
SN - 9781472463371
SP - 483
EP - 502
BT - Parental Rights and Responsibilities
PB - Taylor and Francis Ltd.
ER -