2018
DOI: 10.1177/0067205x1804600302
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The Perils and Pitfalls of Formal Equality in Australian Family Law Reform

Abstract: In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law reform over the past 20 years. Given the influence of formal equality and our concerns regarding this trend, we consider whether equality-based arguments should be abandoned entirely, at least in the family law context, and explore alternative approaches that could reframe the debate.

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Cited by 7 publications
(3 citation statements)
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“…The children or parents move out of the family house, the family house is sold, either or both parents start new relations, and such relations taking place in the family house stand out as essential changes in children's perception of the home phenomenon (Francia & Millear, 2019). The consequences of these changes may reflect positively or negatively on the children's well-being (Fehlberg et al, 2018).…”
Section: Meaning Of Home From Different Family Perspectives In Divorc...mentioning
confidence: 99%
See 1 more Smart Citation
“…The children or parents move out of the family house, the family house is sold, either or both parents start new relations, and such relations taking place in the family house stand out as essential changes in children's perception of the home phenomenon (Francia & Millear, 2019). The consequences of these changes may reflect positively or negatively on the children's well-being (Fehlberg et al, 2018).…”
Section: Meaning Of Home From Different Family Perspectives In Divorc...mentioning
confidence: 99%
“…The interpretation of the home phenomenon in the context of children's relationship with parents, siblings, step-parents, and step-siblings is classified under four conditions in the study of Fehlberg et al (2018) ease and comfort, feeling welcomed, shared experiences, and access to personal space and things.…”
Section: Meaning Of Home From Different Family Perspectives In Divorc...mentioning
confidence: 99%
“…This study on Islamic family law administration is based on an argument that each group has a different ideological 10 and practical basis which has influenced several forms of problems in the field of Islamic family law. Laws that have been implemented in religious societies have not been responded uniformly by them.…”
Section: Introductionmentioning
confidence: 99%