Reforming Custody Laws: A Comparative Study

International Journal of Law, Policy and the Family, Vol. 18, pp. 119-146, 2004

28 Pages Posted: 1 Jun 2009 Last revised: 2 Feb 2011

See all articles by Helen Rhoades

Helen Rhoades

University of Melbourne - Law School

Susan B. Boyd

University of British Columbia Allard School of Law

Date Written: 2004

Abstract

This article looks at the outcomes of recent custody law reform inquiries in Canada and Australia, and examines the ways in which the reform processes in each country dealt with the claims of the various stakeholders and the emerging empirical research on post-separation parenting. Although the outcomes of the two processes were significantly different - one espousing a belief that 'no one size fits all families', the other promoting different approaches for differently situated families with a preference for shared parenting - it is argued that both reflect the moderating influence of the empirical evidence on the claims made by disaffected consumers of the family law system, a characteristic that distinguishes them from Australia's 1995 custody reform process.

Keywords: Child custody-Canada, Child custody-Australia, Domestic relations-Comparative law

Suggested Citation

Rhoades, Helen and Boyd, Susan Barbara, Reforming Custody Laws: A Comparative Study (2004). International Journal of Law, Policy and the Family, Vol. 18, pp. 119-146, 2004. Available at SSRN: https://ssrn.com/abstract=1412941

Helen Rhoades

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Susan Barbara Boyd (Contact Author)

University of British Columbia Allard School of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
604-822-8108 (Fax)

HOME PAGE: http://www.allard.ubc.ca/faculty-staff/susan-b-boyd-frsc

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