Abstract

ABSTRACTThis article reviews the long battle to reform Australia’s custody and access laws between 1995 and 2011. The result is a law which strongly encourages courts to consider the option of shared physical custody, while also emphasizing the need to protect children from harm, not least from being exposed to family violence. The trench warfare over the text of the legislation between advocacy groups has now largely ceased. Good empirical research on the outcomes of reforms to the family law system assisted in clarifying the issues. However, the role of law in shaping parenting arrangements after separation should not be exaggerated. We can believe too much in law; and therefore, believe too much in law reform.

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