"Lara Feigel highlights the impact of win/lose adjudication in the adversarial court system, a system tailor-made to produce the worst possible outcomes for separating families (I was warned my children would be ripped in half when we divorced. But I had no idea just how brutal custody cases can be, 18 January). In heightening conflict between parents, this system destroys the potential of a negotiated co-parental agreement determined by parents themselves."
"The best laws are those which limit judicial discretion, including in family law, where children are caught squarely in the middle of the conflict. There is a viable alternative to the dominant litigation model for couples in conflict: a legal presumption of equal parenting, rebuttable in family violence cases, a model that reduces the harms of adversarial resolution. Shared parenting maintains children's relationships with each parent and their extended family, reduces inter-parental conflict, and prevents first-time violence."
Win/lose adjudication in adversarial family courts produces worst outcomes for separating families and heightens parental conflict, undermining negotiated co-parental agreements. Limiting judicial discretion in family law protects children caught between parents. A rebuttable legal presumption of equal parenting offers a viable alternative, preserving children's relationships with both parents and extended family, reducing inter-parental conflict, and preventing first-time violence. Legislative reform based on reliable scientific evidence and a child-focused collaborative approach lacks political will. Adversarial processes enable both weaponisation and minimisation of family violence allegations. Family violence belongs in criminal courts. Dialogue between shared-parenting and family-violence advocates is vital to overcome polarisation and enable reform.
Read at www.theguardian.com
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