Child‐focused Parenting after Separation: Socio‐legal Developments and Challenges

Abstract

In this article I utilise developing ideas in family law as a backdrop against which to discuss changing assumptions about parenting. In particular, I examine the gender‐neutral assumptions within family law in Australia and elsewhere in the light of seemingly contradictory evidence about the value of post‐separation fathering. That men were equally capable of providing effective parenting was by no means clear at the time that the principle of gender‐neutrality became common in family law—the 1960s and 70s. Only recently, has burgeoning research on fathering begun to more clearly affirm its value and to clarify the conditions under which pre and post separation fathering makes a positive difference. Paradoxically, it is at this very time that legally based challenges to the gender‐neutral, shared‐parenting philosophy of the 1995 Australian Family Law Reform Act have begun to emerge. The often‐perplexed interface between law, social science research and therapeutic intervention presents many challenges. I conclude the article by flagging a number of questions relevant to family therapists in this difficult field of work.