This article looks at the outcomes of recent custody law reform inquiries in Canada and Australia, and examines the ways in which the reform processes in each country dealt with the claims of the various stakeholders and the emerging empirical research on post-separation parenting. Although the outcomes of the two processes were significantly different -one espousing a belief that 'no one size fits all families', the other promoting different approaches for differently situated families with a preference for shared parenting -it is argued that both reflect the moderating influence of the empirical evidence on the claims made by disaffected consumers of the family law system, a characteristic that distinguishes them from Australia's 1995 custody reform process.
Agitation for parenting reform has become a prominent feature of family law policy debates in recent years. 1 Many countries, such as England and Canada, have proceeded cautiously in response to such demands. 2 Australia, on the other hand, opted for a bolder step and enacted a suite of shared parenting amendments in 2006, 3 including a presumption of 'equal shared parental responsibility'. 4 The Shared Parental Responsibility Act was designed to facilitate substantial, if not equal, involvement by both parents in children's lives following separation, provided this is safe. 5 While conversations about the implications of this move continue to take place, 6 the first _____________________________________________________________________________________ * Associate Professor, Melbourne Law School, University of Melbourne. I am indebted to Richard Chisholm, Grania Sheehan and Andrew Strum for the stimulating conversations which challenged and informed my thoughts on the issues canvassed here. I would also like to thank Belinda Fehlberg, Hilary Astor, Zoe Rathus and the two anonymous reviewers for their helpful comments on an earlier draft.
Agitation for parenting reform has become a prominent feature of family law policy debates in recent years. 1 Many countries, such as England and Canada, have proceeded cautiously in response to such demands. 2 Australia, on the other hand, opted for a bolder step and enacted a suite of shared parenting amendments in 2006, 3 including a presumption of 'equal shared parental responsibility'. 4 The Shared Parental Responsibility Act was designed to facilitate substantial, if not equal, involvement by both parents in children's lives following separation, provided this is safe. 5 While conversations about the implications of this move continue to take place, 6 the first _____________________________________________________________________________________ * Associate Professor, Melbourne Law School, University of Melbourne. I am indebted to Richard Chisholm, Grania Sheehan and Andrew Strum for the stimulating conversations which challenged and informed my thoughts on the issues canvassed here. I would also like to thank Belinda Fehlberg, Hilary Astor, Zoe Rathus and the two anonymous reviewers for their helpful comments on an earlier draft.
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