Web resource:	http://www.anzlhsejournal.auckland.ac.nz/pdfs_2005/James.pdf
Type:	Journal Article
Title:	Winners and losers: the father factor in Australian child custody law
Other Titles:	E-Journal Australia & New Zealand Law & History
Authors:	James, Colin
Keywords:	Legislation analysis;Impact on children and young people;Family law
Year:	2005
Publisher:	Australian and New Zealand Law and History Society
Citation:	2005
Notes:	This article provides a historical overview of changing legal attitudes towards a father’s responsibility to his children in the 20th century. It reviews significant court decisions and law reforms in Australia. It describes the law as undergoing 3 historical shifts since 1857: It looks at the ‘clawback’ reform of the law on custody in 1995 where the Commonwealth acceded to arguments of men’s groups to facilitate shared parenting for children after separation. It discusses how this move ignores the importance of the child’s primary caregiver and risks exposing children to continuing threats and violence between the parents. The Family Law Reform Act:1995 (Cth) is discussed as emphasising ‘equal’ responsibility of the biological parents based on the idea of shared parenting that forced separated parents together, but which ignores the prevalence of domestic violence as well as the majority of Australian research that is against joint-parenting arrangements. It concludes that changes to family law returned to men some of the privileges that were enjoyed in the 19th century under the ‘father-right’ prior to the liberal reforms. It suggests that that political solution responds to the loudest complaints rather than child research or professional experience. It argues that the welfare principle in child custody is re-invented but without considering the child’s interests – despite the language of equality
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/12855
ISSN:	11773170
Appears in Collections:	Journal Articles

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