Australia's Family Law Amendment (Shared Responsibility) Act 2006: A policy critique

Abstract

In 2006, Australia's federal Parliament passed the Family Law Amendment (Shared Responsibility) Act 2006. This extensively amended the Family Law Act 1975 (Cth) which governs parenting arrangements in circumstances of family breakdown. Significant changes introduced by the Amendment included requiring the Family Court to presume that giving both parents “equal shared parental responsibility” when making parenting orders is in the child's best interests, to consider that maintaining a meaningful parent–child relationship is a “primary consideration” when determining children's best interests, and to consider making parenting orders that give both parents equal time with the child. This article evaluates the Amendment, firstly by analysing its origins as a neo-liberal policy and discussing its likely impact on Australian society. The article will then comparatively analyse the Amendment against Australia's strikingly similar family law amendments made in 1995. The article will conclude that while some aspects of the Amendment have merit, its emphasis on treating everyone equally overlooks whether such treatment accurately reflects pre-separation household arrangements and post-separation needs. Also, the article argues that although much of the Amendment's language relates to protecting children's best interests, in substance it appears to be more concerned with upholding parents' rights instead.