Experiences of child custody and the family court vary case by case. The Australian Institute of Family Studies states that most disputes as a result of divorce are settled out of court – either privately or from using some form of mediation. For a minority, however, unresolved conflict leads to a lengthy and costly court battle.
For those who use the latter-most option, they will be greeted with presumed shared custody – which means both parents automatically share the responsibility of their offspring. This is thanks to a change in legislation by the Howard government in 2006. Factors such as income stability, housing, and the ability to raise a child are considered to then sway responsibility either way.
The problem, however, is that “shared responsibility” does not equal shared time. Whilst the quality of time is certainly more important than quantity of time, you can argue that you have to have quantity in order to ensure quality.
A 2014 report of all custody cases in Australia found that more than 73% of children spend most or all of their time with their mother. Shared custody – which is defined as 35% to 65% of time with either parent – stands at 20%. That leaves under 7% of all children spending most or all of their time with their father. You can read the (very lengthy) report here.
The argument against shared parenting has its logical points – constantly moving between parents can have an adverse effect on very young children. However, studies have shown that the gender of the custodial parent does not affect the child and some overnight stays are not harmful (more information here). Further, the study does not take into account older minors. Surely teenagers should have some say on where and whom they live with. Unfortunately, it is hard to quantify that kind of information.
Child custody battles can range from petty to abusive. There are instances where a parent will go so far as to vilify the other parent in front of their child, not allowing the child to spend time with or even lying about the non-custodial parent. There are cases where parents try to undermine each other – arguing that the father or mother is incapable of raising children.
Then there are biases within the courtroom itself, where traditional gender roles come into play, and fathers are seen to be less equipped than mothers (even though there is no data to fully support this). Issues can lie outside the courtroom too – some advocacy groups can be sexist or state unsupported facts, or skew existing data.
Over the next few weeks, this campaign will address some of the key issues surrounding shared parenting and what ‘shared parenting’ actually means. I will look at the issues causing and affecting this very real bias in Australia. The aim, as always, is to encourage and facilitate engagement. Above all, the goal is to educate.