Shared parenting, law and policy: considering power within the framework of autopoietic theory

This paper uses the last few decades’ developments in the area of shared parenting to explore power within the framework of autopoietic theory. It traces how, prompted by turbulence from the political subsystem, family law has made several unsuccessful attempts to solve the perceived problem of post-separation dual-household parenting. It agrees with Luhmann and Teubner that closed autopoietic systems’ developments are limited by their normative and cognitive frameworks, and also argues that changes, which have occurred in family law, show that closed social systems do not function in total isolation. It considers power as ego’s ability to limit alter’s choices. In our functionally differentiated society, with its recent proliferation of communication, power appears more diffuse and impossible to plot into causal one-way relationships.

Shared parenting

The thesis addresses shared parenting, an arrangement which emphasises the equal responsibility of both parents for children after separation, which is often assumed to ameliorate the supposed negative effects of parental separation. This study found that from children's perspective, the most important consideration was not the type of family they lived in but rather the quality of their relationship with each parent that impacted on their emotional adjustment. The portfolio focuses on the challenge of dealing with allegations of child sexual abuse in the context of the Family Court. The comples issues involved in these types of cases are illustrated by four case studies.

Shared parenting : adding children's voices and their measures of adjustment to the evaluation

Shared parenting has been advocated to be a better arrangement for children than sole residence and access arrangements after parental separation. Although there is some research on this issue, studies have been restricted in their reliance on the reports of others. In this paper, we report on a study in Australia, in which children in each of these arrangements were compared with children in intact families on a range of adjustment measures and with each other in relation to their responses to their parents' separation, using both self- and parent-reporting. We found that there was little difference between children in the three family configurations, suggesting that shared parenting is not necessarily associated with better outcomes for the child. On other aspects of adjustment, the children in shared parenting and sole residence/access families did not differ. We also found that parents in all groups underestimated the emotional problems reported by children. In separated families, they also overestimated the children's desire for parents to re-unite. Finally, we found that parents in shared parenting families are more satisfied with their situation than are their children, and fathers are particularly so. The findings suggest that the promotion of shared parenting as the best post-separation family structure is contestable.

A phenomenological analysis of the experience of security and contentment for latency aged children in shared-time parenting arrangements

This study explored the lived experience of security and contentment, and their absence, for latency-aged children (aged 8-12) living in shared-time parenting arrangements following their parents' separation. A descriptive phenomenological methodology was utilized (Giorgi, 1985, 2009; Giorgi & Giorgi, 2003, 2008). Sixteen children living in shared-time were interviewed about their experiences of two phenomena: "feeling secure and content living in shared-time" and "not feeling secure and content living in shared-time." The eight richest protocols were selected for analysis. The two resultant general structures and their core constituents are presented, and individual variations discussed. Central to each phenomenon is the parent/s' capacity, or incapacity, to create and sustain a physical and emotional space in which the child feels secure and held in the mind, feels the arrangements are responsive to their needs, feels free to access the "absent" parent, and experiences integration between the two parental homes. Implications for phenomenological human science research are considered, including the use of descriptive phenomenology with children.

On laughter and loss. Children's experiences of shared time, parenting and security post-separation

Among the research, practice and socio-legal commentary on the substantial sharing of parenting time after separation, children’s voices about their experiences remain overwhelmingly silent. This article draws on findings of a descriptive phenomenological study which investigated Australian school-aged (8- to 12-year-old) children’s descriptions of two binary phenomena: security and contentment in shared time arrangements, and the absence of security and contentment in shared time parenting. Specifically, this article focuses on exploring parental behaviours and interactions recognised by children as sources of security in shared time lifestyles, through happy and needy times. Central to this is the juxtaposition of the child’s experience of security and shared enjoyment with the present parent, against the absence of security emanating from unresolved longing for the ‘absent’ parent. The article provides an empirically derived formulation of children’s advice to parents about shared time parenting, with relevance for family law related parent education forums.

Efficacy of family mediation and the role of family violence: Study protocol

Background Family law reforms in Australia require separated parents in dispute to attempt mandatory family dispute resolution (FDR) in community-based family services before court attendance. However, there are concerns about such services when clients present with a history of high conflict and family violence. This study protocol describes a longitudinal study of couples presenting for family mediation services. The study aims to describe the profile of family mediation clients, including type of family violence, and determine the impact of violence profiles on FDR processes and outcomes, such as the type and durability of shared parenting arrangements and clients’ satisfaction with mediated agreements. Methods A mixed method, naturalistic longitudinal design is used. The sampling frame is clients presenting at nine family mediation centres across metropolitan, outer suburban, and regional/rural sites in Victoria, Australia. Data are collected at pre-test, completion of mediation, and six months later. Self-administered surveys are administered at the three time points, and a telephone interview at the final post-test. The key study variable is family violence. Key outcome measures are changes in the type and level of acrimony and violent behaviours, the relationship between violence and mediated agreements, the durability of agreements over six months, and client satisfaction with mediation. Discussion Family violence is a major risk to the physical and mental health of women and children. This study will inform debates about the role of family violence and how to manage it in the family mediation context. It will also inform decision-making about mediation practices by better understanding how mediation impacts on parenting agreements, and the implications for children, especially in the context of family violence.

Multiple Response System: Evaluation of Policy Change in North Carolina's Child Welfare System.

Systemic challenges within child welfare have prompted many states to explore new strategies aimed at protecting children while meeting the needs of families, but doing so within the confines of shrinking budgets. Differential Response has emerged as a promising practice for low or moderate risk cases of child maltreatment. This mixed methods evaluation explored various aspects of North Carolina's differential response system, known as the Multiple Response System (MRS), including: child safety, timeliness of response and case decision, frontloading of services, case distribution, implementation of Child and Family Teams, collaboration with community-based service providers and Shared Parenting. Utilizing Child Protective Services (CPS) administrative data, researchers found that compared to matched control counties, MRS: had a positive impact on child safety evidenced by a decline in the rates of substantiations and re-assessments; temporarily disrupted timeliness of response in pilot counties but had no effect on time to case decision; and increased the number of upfront services provided to families during assessment. Qualitative data collected through focus groups with providers and phone interviews with families provided important information on key MRS strategies, highlighting aspects that families and social workers like as well as identifying areas for improvement. This information is useful for continuous quality improvement efforts, particularly related to the development of training and technical assistance programs at the state and local level.

L’implication des enfants en médiation familiale : le point de vue et l’expérience des parents dans un contexte de partage des responsabilités parentales

Cette recherche, de type exploratoire et descriptif, s’intéresse à l’expérience et au point de vue des parents à l’égard de l’implication directe de leurs enfants en médiation familiale. La méthodologie privilégiée pour réaliser cette étude est qualitative, et la perspective théorique utilisée est la phénoménologie. L’échantillon est constitué de huit parents, tous ayant participé à une entrevue semi-dirigée au sujet de l’implication de leurs enfants dans le processus de médiation familiale. Les données ont été recueillies entre le mois de mai et octobre 2013, et ont été analysées en s’appuyant sur la méthode d’analyse de contenu telle que proposée par L’Écuyer (1990) ainsi que Mayer et Deslauriers (2000). Il ressort de cette recherche que l’implication directe des enfants en médiation familiale a une influence considérable sur le processus. En effet, la majorité des participants de la présente étude ont rapporté que l’implication de leurs enfants a été déterminante afin de conclure une entente au sujet du partage des responsabilités parentales. Aussi, les résultats suggèrent que la majorité des participants ont vécu de manière positive la participation de leurs enfants et sont satisfaits des retombées de l’implication. Par contre, quelques parents ont vécu de manière négative cette expérience. De tels résultats mettent en lumière les limites et risques liés à l’implication directe des enfants en médiation familiale. De plus, les modalités d’implication choisies par les médiateurs familiaux semblent avoir influencé le vécu des parents et de leurs enfants dans le processus. Les résultats donnent également accès à la perception des parents au sujet du vécu de leurs enfants avant, pendant et après le processus d’implication. Une suggestion qui émane de cette recherche est que l’enfant, bien qu’amené à prendre parole dans la médiation familiale, ne doit pas être tenu responsable d’une décision liée au partage des responsabilités parentales. Les conclusions de ce mémoire alimentent une stratégie en médiation familiale qui est peu documentée à partir de l’expérience et du point de vue des parents.

Understanding resilience in same-sex parented families : the work, love, play study

Background: While families headed by same-sex couples have achieved greater public visibility in recent years, there are still many challenges for these families in dealing with legal and community contexts that are not supportive of same-sex relationships. The Work, Love, Play study is a large longitudinal study of same-sex parents. It aims to investigate many facets of family life among this sample and examine how they change over time. The study focuses specifically on two key areas missing from the current literature: factors supporting resilience in same-sex parented families; and health and wellbeing outcomes for same-sex couples who undergo separation, including the negotiation of shared parenting arrangements post-separation. The current paper aims to provide a comprehensive overview of the design and methods of this longitudinal study and discuss its significance.
Methods/Design: The Work, Love, Play study is a mixed design, three wave, longitudinal cohort study of same-sex attracted parents. The sample includes lesbian, gay, bisexual and transgender parents in Australia and New Zealand (including single parents within these categories) caring for any children under the age of 18 years. The study will be conducted over six years from 2008 to 2014. Quantitative data are to be collected via three on-line surveys in 2008, 2010 and 2012 from the cohort of parents recruited in Wave1. Qualitative data will be collected via interviews with purposively selected subsamples in 2012 and 2013. Data collection began in 2008 and 355 respondents to Wave One of the study have agreed to participate in future surveys. Work is currently underway to increase this sample size. The methods and survey instruments are described.
Discussion: This study will make an important contribution to the existing research on same-sex parented families.
Strengths of the study design include the longitudinal method, which will allow understanding of changes over time within internal family relationships and social supports. Further, the mixed method design enables triangulation of qualitative and quantitative data. A broad recruitment strategy has already enabled a large sample size with the inclusion of both gay men and lesbians.

Responding to concerns about a study of infant overnight care postseparation, with comments on consensus: Reply to Warshak (2014)

© 2015 American Psychological Association. Richard Warshak (2014) published a "consensus report" in this journal (Vol. 20, No. 1) documenting a policy position on infants and overnight care following parental separation. He asserts that "[t]here is no evidence to support postponing the introduction of regular and frequent involvement, including overnights, of both parents with their babies and toddlers" (p. 60). To support this assertion, Warshak presents a series of detailed concerns about an Australian study the authors conducted, some of which involve serious misrepresentations of our aims, methodology, and findings. In this reply, we clarify the purpose, context, and limitations of our study, and refute one of Warshak's central theses: that our study's design and results favor primary maternal care of young children and discourage overnights and shared parenting for fathers. We appraise the Warshak article, and consider whether other approaches to consensus statements and to policy dialogue might better serve families involved in the family law system, particularly when emotive debates such as the overnight care of young children cannot yet be resolved by science.

Struggling, Coping, And Thriving: Sense-Making In Stepfamily Couples' Narratives About Coparenting

The term coparenting implies a bioparental dyad that often excludes the stepparent's role in sharing parenting across joint-custody households. Focusing solely on this dyad also precludes gaining an understanding of how stepfamily couples manage together the communication and sharing of parental responsibilities with the parent(s) in the shared children's other home. In a departure from this bioparental dyad-focused approach, this study locates the stepfamily couple at the center of an inquiry into managing coparenting across households. This mixed methods design study included in-depth interviews of 32 stepfamily couples whose narratives about coparenting were analyzed using grounded theory methods. Forty-one percent of stepparents engage in direct coparenting communication, sometimes manifested as the coactive approach identified in this study. Stepfamily couples also involve the stepparent indirectly in coparenting communication, through the conferred and consultative approaches. As well, the couples' narratives about coparenting identify them as either united, where they share the experience, or divided, where coparenting is reserved exclusively for the bioparent to manage. The stepfamily couples' narratives about significant coparenting experiences revealed that they experience and make sense of coparenting as 1) struggling, 2) coping, or 3) thriving. No significant relationship was found between marital satisfaction and experiencing coparenting as strugglers, copers or thrivers. Grounded theory analysis of these narratives also reflects the four dichotomous dimensions of 1) regard-disregard, 2) decency-duplicity, 3) facilitation-interference, and 4) accommodation-inflexibility. Significant incidents located along these dimensions contribute to the stepfamily couples' identification as struggling, coping, or thriving in coparenting. Experiences on the extreme ends of the dichotomous dimensions generate positive and negative turning points for the coparenting interactions and relationships. As well, experiences on the negative end of the dimensional poles can present challenges for the stepfamily couples. Finally, a synthesis of the findings related to the dichotomous dimensions generates a theory of shared parenting values expectancy.

Associations between early shared music activities in the home and later child outcomes : findings from the Longitudinal Study of Australian Children

The benefits of early shared book reading between parents and children have long been established,yet the same cannot be said for early shared music activities in the home. This study investigated the parent–child home music activities in a sample of 3031 Australian children participating in Growing Up in Australia: The Longitudinal Study of Australian Children (LSAC) study. Frequency of shared home music activities was reported by parents when children were 2–3 years and a range of social, emotional,and cognitive outcomes were measured by parent and teacher report and direct testing two years later when children were 4–5 years old. A series of regression analyses (controlling for a set of important socio-demographic variables) found frequency of shared home music activities to have a small significant partial association with measures of children’s vocabulary, numeracy, attentional and emotional regulation, and prosocial skills. We then included both book reading and shared home music activities in the same models and found that frequency of shared home music activities maintained small partial associations with measures of prosocial skills, attentional regulation, and numeracy. Our findings suggest there may be a role for parent-child home music activities in supporting children’s development.

Equal shared parental responsibility and shared care post-return to Australia under the Hague Child Abduction Convention

This article explores the outcomes experienced by abducting primary carer mothers and their children post-return to Australia under the Hague Convention on Civil Aspects of International Child Abduction.1 The circumstances faced by families that experience international parental child abduction are examined by considering how part VII of the Australian Family Law Act 1975 (Cth) is applied to resolve parenting disputes post-return. At present, the statutory criteria found in part VII encourage an equal shared parental responsibility and shared care parenting approach.2 This emphasis aligns children’s best interests with collaborative parenting3 and their parents living within close geographical proximity of each other to facilitate the practicalities of the approach.4 Arguably, these statutory criteria guide the exercise of judicial discretion to determine a child’s best interests towards a parenting arrangement that is incompatible with the lifestyle and functional characteristics of these families.

The relationship between challenging parenting behaviour and childhood anxiety disorders

Background: This research investigates the relationship between challenging parenting behaviour and childhood anxiety disorders proposed by Bögels and Phares (2008). Challenging parenting behaviour involves the playful encouragement of children to go beyond their own limits, and may decrease children’s risk for anxiety (Bögels & Phares, 2008). Method: Parents (n = 164 mothers, 144 fathers) of 164 children aged between 3.4 and 4.8 years participated in the current study. A multi-method, multi-informant assessment of anxiety was used, incorporating data from diagnostic interviews as well as questionnaire measures. Parents completed self-report measures of their parenting behaviour (n = 147 mothers, 138 fathers) and anxiety (n = 154 mothers, 143 fathers). Mothers reported on their child’s anxiety via questionnaire as well as diagnostic interview (n = 156 and 164 respectively). Of these children, 74 met criteria for an anxiety disorder and 90 did not. Results: Fathers engaged in challenging parenting behaviour more often than mothers. Both mothers’ and fathers’ challenging parenting behaviour was associated with lower report of child anxiety symptoms. However, only mothers’ challenging parenting behaviour was found to predict child clinical anxiety diagnosis. Limitations: Shared method variance from mothers confined the interpretation of these results. Moreover, due to study design, it is not possible to delineate cause and effect. Conclusions: The finding with respect to maternal challenging parenting behaviour was not anticipated, prompting replication of these results. Future research should investigate the role of challenging parenting behaviour by both caregivers as this may have implications for parenting interventions for anxious children.

"These are our children" : polyamorous parenting

Some LGBT individuals are polyamorous—that is, they have relationships with multiple partners of the same and/or the other gender. This chapter discusses the findings from an Australian focus group of 13 polyfamily participants, and also presents an overview of previous research on polyparenting. Issues of being “out” to their children, relations with extended families and friendship networks, and navigating broader societal systems and structures are the greatest concerns for polyparents. The duality of lack of visibility and fear of disclosure is examined in the context of formal societal structures such as education, health, and the law; less formal networks such as family, friends, neighbors, and social groups; and the mass media and popular culture. Another theme we discuss is how polyfamilies can be supportive environments. Shared child rearing is creating new forms of kinship structures that are beneficial to both children and adults in polyfamilies, although attachment to transient members of the family is raised as a concern. The chapter concludes with a call for more research into all facets of polyfamilies as well as the need for legitimization and resource development in social, health, educational, media, and legal institutions.