Is 50:50 Shared Care a Desirable Norm Following Family Separation? Raising Questions about Current Family Law Practices in New Zealand

Abstract

Twenty-one women who had disputes over care arrangements with the fathers of their children and were involved in New Zealand family law processes related to those disputes were interviewed about their experiences. On some of these women's accounts individual family law professionals appear to be adopting an idealistic approach to 50:50 shared day-to-day care, viewing it as the presumptively right arrangement for all children and, on this basis, one the New Zealand Family Court is likely to award. This article contrasts such an approach with the research literature emerging from Australia and elsewhere which suggests that post-separation care arrangements for children must be crafted in response to the unique circumstances of each case, and, in particular, the practical resources available to both parents, the parenting skills of the respective parents, the nature of the co-parenting relationship, and the age and temperament of the child in question. The literature raises serious questions about the advisability of 50:50 care arrangements in situations where the parents are in conflict and are unable to prevent children from witnessing or becoming involved in that conflict, or where the children are very young. [ABSTRACT FROM AUTHOR] Copyright of New Zealand Universities Law Review is the property of Thomson Reuters (New Zealand) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)