Cautionary notes on the shared care of children in conflicted parental separation

Abstract

The Family Law Amendment (Shared Parental Responsibility) Act 2006 has brought into sharp focus the issue of shared physical care of children, post separation. In this paper, we explore new data suggesting accumulative risks for children whose care is divided between parents who lack the core relational infrastructure to support a healthy environment for shared care. Developmental background is provided, giving context to the complex dynamics at play, particularly for young children who experience divided care in a hostile climate. A discussion of the amendments shows that, rather than endorsing an assumption of shared care, the legislation supports and indeed requires professionals to engage in active consideration of the child’s ‘best interests’ in each case. The paper outlines a tighter 'safety net’ of considerations through which the ‘best interests’ question might be filtered. Implications for supporting separated parents to develop and maintain adequate foundations for shared care are discussed.

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