Parenting Disputes After Separation and Divorce: Who Needs a Family Lawyer?

Australia's family law system continues to be plagued by serious delays. This article acknowledges the need for legal interventions in post‐separation parenting disputes in which individuals may be at risk, or in cases of genuine emergency. The article next contrasts cases involving significant risk or urgency with the many ‘ordinary’ (even if sometimes complex) post‐separation disputes over parenting in which these circumstances are not present. I argue that in such cases, legal advice, legally informed dispute processes, and court hearings are remnants from earlier attitudes to separation and divorce. These interventions are expensive, frequently destructive of ongoing parental relationships, and at their heart, inappropriate for considering the needs of children. They also divert time and resources from the critical investigative and legal decision‐making processes needed in urgent or risk‐related cases. I propose that legal narratives in ‘ordinary’ post‐separation parenting disputes be replaced by narratives focused on the main drivers of these disputes, which are invariably expressed in terms of relationship difficulties. Such narratives are amenable to facilitative, therapeutic, and systemic interventions aimed at achieving self‐determined resolutions. They contrast markedly with narratives reflecting common law notion of normative resolutions derived from the application of legal precedent. Key issues in the first section of the article are then teased out via the reflections of an imaginary separated parent in an ‘ordinary,’ albeit difficult and emotionally intense, dispute about how to care for the children. In the final section, I offer brief clinical and systemic reflections on past practice and on future narratives focused on individual self‐determination.     

Child‐focused Parenting after Separation: Socio‐legal Developments and Challenges

In this article I utilise developing ideas in family law as a backdrop against which to discuss changing assumptions about parenting. In particular, I examine the gender‐neutral assumptions within family law in Australia and elsewhere in the light of seemingly contradictory evidence about the value of post‐separation fathering. That men were equally capable of providing effective parenting was by no means clear at the time that the principle of gender‐neutrality became common in family law—the 1960s and 70s. Only recently, has burgeoning research on fathering begun to more clearly affirm its value and to clarify the conditions under which pre and post separation fathering makes a positive difference. Paradoxically, it is at this very time that legally based challenges to the gender‐neutral, shared‐parenting philosophy of the 1995 Australian Family Law Reform Act have begun to emerge. The often‐perplexed interface between law, social science research and therapeutic intervention presents many challenges. I conclude the article by flagging a number of questions relevant to family therapists in this difficult field of work.     

Legal-Administrative Responses and Democratic Deconsolidation

Public Organization Review - We deepen our understanding of democratic deconsolidation by understanding the legal-administrative responses to a security crisis. We expand prior “democratic...     

The importance of Australian national identity to a sense of belonging of Anglo-Celtic and Chinese cultural groups in regional Australia

This study explored the primacy of importance of Australian national identity as underpinning belongingness of Anglo-Celtic and Chinese cultural groups. A mixed-method approach comprised focus groups and interviews was used. Australian national identity did not hold primacy of importance to a sense of belonging in either group, however family identities were of primary importance to both, together with cultural identity of the Chinese. Anglo-Celtic's felt culturally disassociated, whereas Chinese sought majority acceptance through cultural promotion, and bicultural identification. Findings call for further research of Australian national identity of the majority and other minority cultural groups.     

Young Mother (in the) Hood: Gang Girls' Negotiation of New Identities

This article examines the experiences of young women in street gangs who become mothers. Drawing on qualitative interviews with 65 young women in the San Francisco, CA, Bay Area, we examine their narratives about the transition to motherhood. In particular, we focus on the ways these young women negotiate femininities and attempt to reconcile their identities as young mothers and gang girls-both stigmatized identities. For many of the young women, motherhood entails a retreat from the street and a renewed emphasis on time spent in the home. While many receive (financial and childcare) support from their families, this also often means a diminution of the autonomy they experienced while more heavily involved in the gang. Issues of respect and respectability remain important for the young women, but the dimensions on which these are based change.     

Socio-economic wellbeing in Australian mining towns: A comparative analysis

Understanding the links between resource dependence and socio-economic wellbeing has long been a subject of interest amongst social scientists in North America. By contrast, relatively few Australian studies exist on this topic. This is despite the significant role of resource industries in shaping Australia's economic and social geography. Where research has been undertaken it tends to focus on the experience of a single town or region. This paper presents a cross-sectional analysis of socio-economic performance across 33 small mining towns in Western Australia. We design and test a number of empirical models that are hypothesised to account for the variability in socio-economic performance across different resource industry contexts. The results of the analysis suggest that socio-economic wellbeing in these towns is highly variable, and contingent on a range of factors including the nature of the particular commodity, company structure, and location.     

A Black and White Model for Teaching Family Therapy: Empowerment by Degree

In this article, I describe and reflect on the rationale, development and teaching of the first university‐based post‐graduate course in family therapy delivered to Aboriginal child, family and health workers. Alongside my Cultural Consultant, Shaun Coade, and with support from key staff at the Bouverie Centre in Melbourne, I developed and delivered the first four iterations of the La Trobe University Graduate Certificate in Family Therapy to Aboriginal students and a relatively small number of non‐Aboriginal students. Since 2008, the course has been successfully completed in six Victorian locations and is currently being delivered at Shepparton and in Cooktown, Queensland. The term, ‘Black and White’ was coined by Shaun and by the Aboriginal family therapy students to describe the delivery of a family therapy curriculum that meets mainstream University requirements while being embedded in Aboriginal culture and Aboriginal wisdom. A largely unanticipated bonus was the realisation that the model of teaching also has important implications for the mainstream teaching of family therapy. After providing a brief summary of enrolment and graduation rates, the article picks up on elements of the teaching and learning that proved to be central to the successful delivery of the course.