Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing con ....Family law and the indissolubility of parenthood. This project involves a comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing contact and issues about the safety of women and children from family violence. By examining existing approaches, processes and law reform proposals in North America, Europe and elsewhere, proposals will be developed for systemic reform in Australia.Read moreRead less
Special Research Initiatives - Grant ID: SR0354736
Funder
Australian Research Council
Funding Amount
$30,000.00
Summary
Families, Law and Social Policy Research Network. The Federal Government's Family Law Pathways Advisory Group recommended that a national research agenda be developed for family law and social policy that focuses on the separation and divorce transition. For many families Commonwealth private family law and the public law of child protection and domestic violence, provides the setting in which this transition takes place. The proposed multidisciplinary network brings together researchers, policy ....Families, Law and Social Policy Research Network. The Federal Government's Family Law Pathways Advisory Group recommended that a national research agenda be developed for family law and social policy that focuses on the separation and divorce transition. For many families Commonwealth private family law and the public law of child protection and domestic violence, provides the setting in which this transition takes place. The proposed multidisciplinary network brings together researchers, policy makers and service providers in this area. Benefits include research better targeted to the needs of end-users, a stronger evidence base for complex practice, decreased fragmentation of research effort, and a base for research training.Read moreRead less
The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world lea ....The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world leader in statutory linking, but reform has not been matched by equivalent levels of research on the consequences of the practice. This project will constitute an evidence-based platform from which donor-linking law, policy and services can develop domestically and overseas.Read moreRead less
National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and bette ....National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and better targeted legal services aimed at meeting identified needs. The research will make an important contribution to the Commonwealth's welfare reform and participation agendas, particularly its Access to Justice Framework as better access to legal services can play an important role in alleviating economic and social disadvantage.Read moreRead less
Improving court processing of protection applications for young children in the Children's Court of Victoria. The project applies collaborative expertise to improve "healthy starts" (National Research Priority Goal) for vulnerable children with child protection applications in their first 3 years. They need the courts to decide on means of protection and stability. For rural as well as urban areas, the project will identify factors that support or delay provision of stable environments for child ....Improving court processing of protection applications for young children in the Children's Court of Victoria. The project applies collaborative expertise to improve "healthy starts" (National Research Priority Goal) for vulnerable children with child protection applications in their first 3 years. They need the courts to decide on means of protection and stability. For rural as well as urban areas, the project will identify factors that support or delay provision of stable environments for children needing security in their early years. The project provides an evidence base for analyses and case flow management. By analysing court processes, it contributes data on protection cases that are lacking in Australia. This will be a lasting system for the Children's Court that can be generalised to other age groups and jurisdictions. Read moreRead less
Relocation after parental separation: a longitudinal study. This project is to examine the long-term outcomes of relocation disputes, when one parent after separation wants to move far away with the children against the opposition of the other parent. The study is of great international importance, as these disputes have become so numerous and difficult to resolve. The results of the study will enhance Australia's international reputation as a leader in family law innovation and research. The na ....Relocation after parental separation: a longitudinal study. This project is to examine the long-term outcomes of relocation disputes, when one parent after separation wants to move far away with the children against the opposition of the other parent. The study is of great international importance, as these disputes have become so numerous and difficult to resolve. The results of the study will enhance Australia's international reputation as a leader in family law innovation and research. The national benefits will include better information for courts in making relocation decisions and an evidence-base for the Government to make legislative changes if needed.Read moreRead less
Children's involvement in decision-making about residence and contact in family law proceedings. This project aims to discover the extent to which children and young people are involved in decision-making about residence and contact when their parents divorce, and to examine how their views are taken into account. It will involve interviews with children and parents about agreements reached without court involvement, and interviews with children, parents, counsellors, separate representatives a ....Children's involvement in decision-making about residence and contact in family law proceedings. This project aims to discover the extent to which children and young people are involved in decision-making about residence and contact when their parents divorce, and to examine how their views are taken into account. It will involve interviews with children and parents about agreements reached without court involvement, and interviews with children, parents, counsellors, separate representatives and judges in cases with court involvement. The findings will result in greater understanding of the factors that affect children's willingness and capacity to be involved in such decision-making and assist counsellors, judges and other court personnel in ascertaining and assessing children's wishes.Read moreRead less
Relocation after parental separation and the best interests of children. The project is of importance not only for Australia, but internationally, because relocation disputes are a pressing issue around the world in family law. These disputes have become numerous as laws have changed in recent years to reflect the ideal that parents should share responsibility after separation and that children should have regular contact with both of them. This ideal clashes with the promise of divorce that ind ....Relocation after parental separation and the best interests of children. The project is of importance not only for Australia, but internationally, because relocation disputes are a pressing issue around the world in family law. These disputes have become numerous as laws have changed in recent years to reflect the ideal that parents should share responsibility after separation and that children should have regular contact with both of them. This ideal clashes with the promise of divorce that individuals should be able to live their own lives without being unduly bound by ties to the other parent.This will be the world's first such prospective longitudinal study of the outcomes of relocation decisions. The national benefits will include better information for courts in making relocation decisions.Read moreRead less
Post-separation co-parenting apps: Can they help families avoid conflict? This project aims to examine the role and effectiveness of smartphone apps in supporting families to respond to the many challenges of post-separation co-parenting. In an increasingly digital landscape where poor app choices can have serious consequences for families, this knowledge is urgently needed by parents and family law practitioners. This project expects to deliver a comprehensive understanding of the benefits and ....Post-separation co-parenting apps: Can they help families avoid conflict? This project aims to examine the role and effectiveness of smartphone apps in supporting families to respond to the many challenges of post-separation co-parenting. In an increasingly digital landscape where poor app choices can have serious consequences for families, this knowledge is urgently needed by parents and family law practitioners. This project expects to deliver a comprehensive understanding of the benefits and risks of digital divorce apps. Expected outcomes include the first web-based decision-making tool to help separated parents make important decisions about managing post-separation communication. This should provide significant benefits, including a reduced risk of parental conflict and better outcomes for children.Read moreRead less
Post-separation parenting and financial settlements: the long-term financial impacts of shared care. This proposal's focus on financial and parenting arrangements over time is both important and timely given increasing focus on shared post-separation parenting in Australia and internationally. By considering the impact of changes in shared care over time on financial decisions made at separation (especially property division), this proposal will establish how to embody in financial arrangements ....Post-separation parenting and financial settlements: the long-term financial impacts of shared care. This proposal's focus on financial and parenting arrangements over time is both important and timely given increasing focus on shared post-separation parenting in Australia and internationally. By considering the impact of changes in shared care over time on financial decisions made at separation (especially property division), this proposal will establish how to embody in financial arrangements the long-term changes associated with shared parenting. This will enable us to empower separating couples, their advisers and courts to make financial settlements which reduce the potentially adverse financial and social impacts of post-separation financial arrangements on children, carers, and our social security system.Read moreRead less