Belinda Fehlberg

Shared parenting time in Australia: exploring children's views

This paper draws on interviews with 22 children conducted as part of a larger qualitative study during which 60 parents were interviewed once a year over three years (2009–2011) about their post-separation parenting and financial arrangements, to explore any changes to these over time. The main aim was to examine childrens own descriptions and views of their parenting arrangements, with a particular focus on children currently or previously in shared time parenting arrangements, including their input into their parenting arrangements and any changes to those arrangements. Half of the children described changes to their parenting arrangements over time (in most cases from shared time to primary care, but in some cases towards greater sharing of time) and most of these children said they had input into their changed arrangements. Children who spoke positively about shared time described close relationships with cooperative parents who lived within close proximity and who were flexible about changing or swapping days. Children who spoke negatively about shared time identified the distance between their parents’ homes and/or parental conflict as key issues. Key factors prompting change were conflict with step-parents or step-siblings, distance between homes and wanting one home base.

Pre-filing Family Dispute Resolution for Financial Disputes: Putting the Cart before the Horse?

Abstract The Labor federal Attorney-General’s plan, announced in May 2010, to extend the pre-filing requirement to attend family dispute resolution from parenting disputes to financial (property and spousal maintenance) disputes has encouraged us to think about the assistance currently available for separating parents who seek help to resolve financial issues. Our review of services currently available suggests that, despite the key significance of financial issues for separating parents, sources of assistance on these issues across the family law system are limited and where they do exist are usually issue-specific (e.g., child support), are available once a dispute has already crystallized, and primarily relate to the administration of policy rules and legislation rather than providing advice and support. We suggest that for the current position to be improved and the risk of unjust outcomes following any future introduction of compulsory family dispute resolution for financial disputes reduced, further consideration needs to be given to the diverse financial issues faced by separating parents and the range of skills likely to be needed within the sector to help resolve them.

Parenting issues after separation: Developments in common law countries

Part I: Marriage and Alternative Relationships 1.1 The Changing Face of Marriage, Marsha Garrison 1.2 Marriage and Alternative Status Relationships in the Netherlands, Wnedy Schrama 1.3 The Recognition of Religious and Customary Marriages and Non-Marital Domestic Partnerships in South Africa, Waheed Amien 1.4 Family, Same-Sex Unions, and the Law, Mark Strasser 1.5 Unmarried Cohabitation, Elaine E. Sutherland Part II: Dissolution of Status, Death and their Consequences 2.1 Dissolution of Marriage in Westernized Countries, Masha Antoklskaia 2.2 Divorce Trends and Patterns: An Overview, Tony Fahey 2.3 Divorce Procedure in China, Wei Chen and Lei Shi 2.4 Dissolution of Marriage in Japan, Satoshi Minamikata 2.5 Relaxation and Dissolution of Marriage in Latin America, Nicolas Espejo and Fabiola Lathrop 2.6 The Legal Consquences of Dissolution: Property and Financial Support Between Spouses, Joanna Mile and Jens M. Scherpe 2.7 Child Support, Spousal Support and the Turn to Guidelines, Carol Rogerson 2.8 Inheritance and Death: Legal Strategies in the United States, England and France, Ray Madoff and Pierre-Alain Conil Part III: Parenting and Parenthood 3.1 Assisted Conception and Surrogacy in the United Kingdom, Emily Jackson 3.2 Regulation of Assisted Reproductive Technology and Surrogacy in Australia, Isabel Karpin and Jenni Millbank 3.3 Parenting Inssues after Separation: Developments in the Common Law Countries, Belinda Fehlberg and Bruce Smyth, with Liz Trinder 3.4 Parenting Issues after Separation in Spain and Southern Europe, Teresa Piconto Novales 3.5 Parenting Issues after Separation: A Scandinavian Perspective, Anna Singer Part IV: Child Welfare, Child Protection and Childrens Rights 4.1 Child Welfare and Child Protection Policy in England and Wales, Karen Broadhurst and Judith Harwin 4.2 Child Welfare: Promoting Permanency without Adoption, Allan Cooke 4.3 Adoption in the US and England and Wales, Sanford Katz and John Eekelaar 4.4 The Moral Basis of Childrens Relational Rights, James Dwyer 4.5 Childrens Rights: An African Perspective, Julia Sloth-Nielsen 4.6 Childrens Rights: The Wider Context, John Eekelaar and Rob George Part V: Discrimination and Personal Safety 5.1 Gender Discrimination and the Right to Family Life, Fareda Banda 5.2 Domestic Violence: A UK Perspective, Rosemary Hunter Part VI: The Role of the State and its Institutions 6.1 State Support for Families: A Comparative Overview, Kirsten Scheiwe 6.2 State Support for Families in the United States, Maxine Eichner 6.3 Law and Policy Concerning Older People, Jonathan Herring 6.4 Support and Care among Family Members and State Provision for the Elderly in Japan, Emiko Kubono 6.5 Institutional Mechanisms: Courts, Lawyers and Others, Mavis Maclean and John Eekelaar Part VII: Globalisation and Pluralism 7.1 International Abduction, Intercountry Adoption and International Commercial Surrogacy, Mark Henaghan and Ruth Ballantyne 7.2 Children in Cross-Border Situations: Relocation, the 1996 Hague Convention and the Burssels Ilbis Regulation, Rob George 7.3 Family Migration: A UK Perspective, Helen Stalford 7.4 Family Law in Diverse Societies, Maleiha Malik

‘I think it’s okay; I’m not going to say it’s unfair’: Children’s views of financial arrangements in post-separation families

Abstract This paper draws on interviews with 22 children conducted as part of a larger qualitative study during which 60 parents were interviewed once a year over three years (2009–2011) about their post-separation parenting and financial arrangements, to explore any changes to these over time. The aim of this part of the project was to explore children’s own descriptions and views of their and their parents’ financial circumstances after parental separation (including arrangements for children’s financial support). We found that most children’s responses suggested a lack of knowledge about, and also a discomfort in, discussing financial issues. Thus, while most children in primary mother time arrangements described greater differences in parents’ wealth (mothers were poorer), they endeavoured to rationalise inequality. In contrast, children in shared time (especially equal time) were less likely to perceive parental financial inequality, focusing more on parents’ conflict over who paid for what and appearing more aware of financial arrangements for their support. Across both care groups mothers, on their own and their children’s reports, commonly bore greater substantive and procedural responsibility for their children’s financial support, yet were criticised by their children if they complained about this. Overall, children’s descriptions appeared illustrative of the notion of money as surrogate measure of love, with the result that children preferred to see financial arrangements as fair.

The experience of using the social security appeals tribunal: Providing individual justice across diversity

The Social Security Appeals Tribunal (‘SSAT’) plays a significant role in the provision of administrative justice in Australia, deciding around 10 000 appeals each year. However there is little published information about its operation, especially as experienced by people who bring appeals. This article reports the results of a survey of SSAT users conducted in 2008. Participants were interviewed up to three times during the progress of their appeals. We found that while the majority of participants reported satisfaction with the SSAT and its processes, a small minority were very dissatisfied, not solely as a result of losing their appeals. We also found that the reasons for appealing were wide-ranging and included the desire for a respectful individual response or explanation that may not have been provided previously. Our analysis suggests that SSAT users value many features of the Tribunal, including multi-member panels, which require maintenance of current funding levels.