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A majority of family court lawyers believe shared parenting laws introduced
by the Howard government in 2006 favour fathers over mothers and parents
over children.
They say there has been a reduction in the average property settlement
awarded to mothers since the shared parenting law came into force, and they
also believe fathers are trying to negotiate more time with their children
to lower the amount they have to pay in child support.
These findings are included in a 400-page review of the changes to the
Family Law Act by the Australian Institute of Family Studies. It says a
clear majority of parents in shared-care arrangements believe the reforms
are "working well" for them and their children. On the other hand, only a
minority of children (16 per cent) are in shared-care arrangements.
The odds of getting "shared care" (which doesn't mean a 50-50 time split,
but substantial time with the children) is higher for parents who go to
court, with 23 per cent of cases resulting in a shared-care outcome.
One in five parents, however, have safety concerns, in particular that
children are being forced into shared-care relationships with violent partners.
The report also finds the Family Relationship Centres, which separating
parents must now attend before going to the Family Court, have been a
success. A clear majority of parents who tried to resolve their differences
in the centres said it "worked well" and most sorted out their arrangements
without using lawyers or the courts.
"A significant proportion of separated parents are able to sort out their
post-separation arrangements with minimal engagement with the formal
system," the report says.
It says the "shared parental responsibility" provision of the shared
parenting legislation was often "misunderstood".
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