The Law is a Blunt Instrument

Paper Summary:

This paper examines the futility of seeking court orders for shared parenting as a parent's right as opposed to seeking more child-focused options, particularly when family law disputes are so often embedded in feelings of personal loss over the failure of intimate relationships.

From the Paper:

"Chief Justice Nicholson calls the Family Law a blunt instrument for dealing with the fallout of intimate relationships (Nicholson 2002: 1). In making this contention, he astutely echoes many commentators, who note that custody battles are frequently more about resolving past hurts than determining what is in the best interests of a child (see, for example, Smith). In fact, Charlesworth asks if it is realistic to expect legal provisions to ease existing social and psychological tensions. (Charlesworth et al 2000: 135). Nonetheless, in making any Family Court order, a judge or registrar takes on two unenviable tasks: balancing the emotional distress that accompanies breakdowns and making a court order, which has the potential to be breached every single time contact occurs (Jackson, 2000 at 14)."

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