US Senate S.657- Strengthening Families Act of 2003
# Many researchers support the conclusion that children in joint
residence situations do have a much better prognosis for positive
post-divorce adjustment
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Reinhart, Winston, New York (1978) at 178.
Coller D R. Joint Custody; Research, Theory and Policy. 27(4)
Family Process (December 1988) pp 259-269
Kruk E. Promoting Shared Parenting After Separation; A Therapeutic/Interventionist
Model of Family Mediation. 15(3) Journal of Family Therapy (August
1993)
Thompson R. The Role of The Father After Divorce. 4(1) The Future
of Children. (1994) pp 210-235.
# Children in joint residence were better adjusted than children
in sole-residence. Children in joint residence were better adjusted
than children in sole residence settings, but no different from
those in intact families. Factors including, general adjustment,
family relationships, self–esteem, emotional and behavioural
adjustment, and divorce specific adjustment were considered. Moreover,
joint residence parents reported less current conflict than did
sole residence parents. Joint residence can be advantageous for
children, by facilitating ongoing positive involvement with both
parents
Doll B (June 1995). Preliminary Summary: Empirical Research Describing
Outcomes Of Joint Custody American Psychological Association,
Washington D.C.
Bauserman R. (2002) Child Adjustment In Joint Custody Verses
Sole-Custody Arrangements: A Meta-Analytic Review. 16(1) Journal
Of Family Psychology
# Reviews of the evidence on post-divorce adjustment indicate
the importance of a continuing meaningful relationship with both
parents.
Kelly J B. Examining Resistance To Joint Custody. In, J Folberg
(Editor), Joint Custody and Shared Parenting The Guildford Press
(2nd edition), New York (1991) pp 55-62. (See Appendix D for a
transcript)
Lerman I A. Adjustment of Latency Age Children In Joint and
Single Custody Arrangements. Dissertation Abstracts International,
50B, 3704, Order No AAC8925682 (1989)
# Equal groups in joint guardianship, sole maternal residence
and joint residence were compared and the amount of father-child
contact were found to be significant predicators of child adjustment,
with higher father-child contact associated with better adjustment
of the children. The results in this study, as in the vast majority
of this research, suggest that joint residence is much more beneficial
for successful post-divorce adjustment of children than sole residence.
Lerman I A. Adjustment of Latency Age Children In Joint and Single
Custody Arrangements. Dissertation Abstracts International, 50B,
3704, Order No AAC8925682 (1989)
# Steinman evaluated 24 couples who chose joint residence arrangements
for their children at divorce. The children felt that they were
strongly attached to both parents and were not were not troubled
by the loyalty conflicts. A comparatively low rate of the children
experiencing confusion or anxiety to their shared residence arrangement.
Consequently the argument that children in joint residence experience
more confusion and frustration was not supported in that study.
Steinman S. The Experiences of Children In A Joint Custody Arrangement:
A Report of A Study. 51 American Journal of Orthopsychiatry (1981)
pp 403-414
# Goldstein also found children were strongly attached to both
parents, but a small number of these children felt a strong need
to be fair to both parents and were meticulous about dividing
their time equally between them. While these children did perceive
their parents divorce as undesirable, and in some cases harboured
fantasies of reconciliation, they did not experience the overwhelming
sense of having been rejected that is common in the more usual
maternal sole residence/father-absent post-divorce arrangement
(Wallerstein, Kelly 1980; Mitchell 1985).
Goldstein J, Freud A, Solnit A. Beyond The Best Interests of
The Child. Free Press, New York (1973)
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980).
Mitchell A. Children In The Middle: Living Through Divorce. Tavistok
Publications, London, New York (1985)
# 70% of children (mostly boys) with severe behavioural handicaps
have no father contact at all. These children and adolescents
are often the most disturbed or potentially dangerous students
in school.
Guidubaldi J, Duckworth J. Enhancing Fathers' Involvement In
Child Rearing: An Empirical Basis For Consultation and Parent
Education. Symposium presented at the National Association of
School Psychologists Annual Convention Atlanta, Georgia (March
1996).
# Father absence lowers cognitive test scores for young children
in general
Powel M, Parcel T L. Effects of Family Structure On The Earnings
Attainment Process: Differences By Gender, 59 Journal of Marriage
and the Family (1997) p 419, reporting on unpublished research
by Frank Mott (1993) prepared for NIH/NICHD.
# Father absence lowers girls’ math scores. Girl’s
verbal capacities increase when the father is present and especially
when he reads aloud to her when she is young.
Popenoe D. Life Without Father. Martin Kessler Books, New York
(1995)
# Paternal availability seems to be especially important in
the IQ performance of boys of all ages and girls in later latency.
Parke R. Fathers. Harvard University Press, Cambridge, Massachusetts
(1981)
# Boys in sole parent households frequently lack a positive
male role model and miss the discipline exercised by most fathers.
Half of Australian boys with separated parents see their fathers
on the average of only six times a year or less. It is clear that
many boys are being reared without benefit of a same-sex parental
figure.
Australian Institute of Family Studies. Parents and Children
After Marriage Breakdown Study. Australian Institute of Family
Studies Report, Australian Publishing Service, Canberra (1991)
Australian Bureau of Statistics, 1997. Children, Australia:
A Social Report. Australian Bureau of Statistics. Catalogue 4119.0).
# If economic hardship were the main predictor of school performance,
there would presumably be no difference between children in step-parent
households and children in intact families where both family types
received similar incomes. Yet children in stepparent households
still generally perform less well, even after controlling for
income.
Amato P R, Keith B. Parental Divorce and The Well-Being of Children:
A Meta-Analysis. 110 Psychological Bulletin (1991) pp 26-46
# Children in step families also suffer educationally. Schools
may expel as many as one in four stepchildren.
Dawson D A. Family Structure and Children's Health and Well Being:
Data From The 1988 National Survey of Child Health. 53 Journal
of Marriage and The Family (1995) pp. 573-584.
# Increased contacts in meaningful care giving situations, lead
to improved behaviour, improved peer relationships, more positive
self-esteem, and even improved academic scores in numerous subjects.
Infrequent paternal contact, on the other hand, has been associated
with poor self-esteem, depression, and high levels of anger in
children
Kelly J B. Longer-Term Adjustment In Children of Divorce: Converging
Findings and Implications For Practice. 2 Journal of Family Psychology
(1988a) pp 119-140
# The argument that children in joint residence experience more
confusion and frustration was not supported. Based on this research
result, and many other similar studies, it is known now that the
argument that children need the stability of one home etc is not
valid.
Luepnitz D. A. Maternal, Paternal, and Joint Custody: A Study
of Families After Divorce (1980). Doctoral dissertation, State
University of New York At Buffalo. UMI order number, 80-27618
# Children obtain emotional stability from important emotional
relationships with two parents and two sets of grandparents, and
these are much more important than where a child sleeps.
Kelly J B. Examining Resistance To Joint Custody. In, J Folberg
(Editor), Joint Custody and Shared Parenting. The Guildford Press
(2nd edition), New York (1991) pp 55-62
# Children in sole residence situations did not maintain strong
healthy emotional relationships with both parents, children in
joint residence situations did. The children in joint residence
arrangements indicated that they were generally satisfied with
their level of involvement with both parents, in marked contrast,
children in sole residence indicated that they were not satisfied.
• The claim that children of divorce need one primary parent
and one primary home is refuted.
• There was no evidence that joint residence families sustained
more post divorce conflict than sole residence households;
• There was no evidence that children experience disruption
from living in two houses. In fact, most children felt their new
lifestyles held certain advantages over the nuclear family household;
• Children in sole residence desired more contact with their
non-resident parents;
• Many non-resident parents but no joint residence parents
lost contact with their children;
• No joint residence fathers had ceased to support their
children financially, as many non-resident fathers had;
• Joint residence children had maintained meaningful relationships
with both parents, in contrast with single residence children
for whom the visit was a vacation;
• Single residence parents reported feeling burnt out and
overwhelmed in a way that joint residence did not.
• All of the joint residence children valued the arrangement
and said they would have chosen it. By contrast, half of the sole
residence children were dissatisfied with their arrangements and
wanted more contact with the non-resident parent.
• Children’s response to parental authority were not
shown to be adversely affected by the fact that their parents
no longer cared for each other. Joint residence should be a rebuttable
presumption at law. She concluded that joint residence at it's
best is superior to sole residence at its best.
Luepnitz D. A. Maternal, Paternal, and Joint Custody: A Study
of Families After Divorce (1980). Doctoral dissertation, State
University of New York At Buffalo. UMI order number, 80-27618
# There is a general consensus that children who are able to
maintain a loving, involved relationship with both parents after
divorce adjust much better than children who find their relationship
with either parent curtailed.
Kelly J B. Examining Resistance To Joint Custody. In, J Folberg
(Editor), Joint Custody and Shared Parenting. The Guildford Press
(2nd edition), New York (1991) pp 55-62
Cowan D B. Mother Custody Versus Joint Custody: Children’s
Paternal Relationships and Adjustment (1982). Dissertation Abstracts
International, 43A, 726, UMI order number, 82-18213.
Shiller V M. Joint Verses Maternal Custody For Families With
Latency Age Boys: Parent Characteristics and Child Development.
56(3) American Journal of Orthopsychiatry (1986a) pp 486-489
Lerman I A. Adjustment of Latency Age Children In Joint and
Single Custody Arrangements. Dissertation Abstracts International,
50B, 3704, Order No AAC8925682 (1989)
Ilfeld H Z. Children’s Perception of Their Relationships
With Their Fathers In Three Family Constellations: Mother Sole
Custody, Joint Custody, and Intact Families. Dissertation Abstracts
International, 50B, 5318, Order Number ACC9003085 (1989)
# Children who fared best after the divorce were those who were
free to develop loving and full relationships with both parents.
(Relationships like this are unlikely without shared residence,
ed.)
Folberg J, Graham M. Joint Custody of Children Following Divorce.
12 University of California Davis Law Review (1979) p 535
Family Law Council. Patterns of Parenting After Separation:
A Report To The Minister For Justice and Consumer Affairs. Australian
Publishing Service, Canberra (April 1992).
# Empirical and clinical evidence that shared residence encourages
responsible behaviour and is psychologically sound.
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Rinehart, Winston, New York (1978)
Luepnitz D A. Child Custody: A Study of Families After Divorce.
Lexington Books, Massachusetts (1982
Coller D R. Joint Custody; Research, Theory and Policy. 27(4)
Family Process (December 1988) pp 259–269
Sharply C F, Webber R F. Co–Parenting: An Alternative
To Consider In Separation Counselling. 10(3) Australian Journal
of Sex, Marriage and Family (1992) pp 111–117
Kruk E. Promoting Shared Parenting After Separation; A Therapeutic/Interventionist
Model of Family Mediation. 15(3) Journal of Family Therapy (August
1993)
Thompson R. The Role of The Father After Divorce. 4(1) The Future
of Children. (1994) pp 210–235.
Farrell W. Father and Child Reunion: How To Bring The Dads We
Need To The Children We Love. Tarsher/Putman, New York (January
2001)
# Lately have we begun to understand that children suffer serious
negative consequences when fathers are marginalized.
Warshak R A. The Custody Revolution: The Father Factor and The
Motherhood Mystique. Simon, Schuster, New York (1992)
Farrell W. Father and Child Reunion: How To Bring The Dads We
Need To The Children We Love. Tarsher/Putman, New York (January
2001)
# The usual way of divorce (mother gets residence (custody),
father gets contact and financial obligation), is based on outmoded,
erroneous, and damaging concepts of men’s and women’s
parenting roles, abilities, and parent–child relationships.
Fitzgerald H, McCread C. Fathers and Infants. 2(4) Infant Mental
Health (1981).
Jacobs J W. Divorce and Child Custody Resolution: Conflicting
Legal and Psychological Paradigms. 143 American Journal of Psychiatry
(1986) pp 192–197
# Joint residence is the optimal post–divorce arrangement
and that courts should begin with a rebuttable presumption of
joint residence.
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Rinehart, Winston, New York (1978)
# Children seem to benefit from increased time with the non-custodial
parent when certain conditions are met: low levels of inter-parental
conflict and a warm, consistent relationship with the non-custodial
parent. They benefit from authoritative parenting with the non-resident
parent (i.e., advice and help with projects, supervision of homework;
discipline)... In other words, how often fathers see their children
is less important than what they actually do with them. (Alternate
weekend access leads to destructive ‘Disney Dad’ relationships,
as fathers are forced to try to maximise the joy in their infrequent
visits – ed.)
Amato, Gilbreath, 1999; Clarke-Stewart, Hayward, 1996; Hetherington,
Cox, Cox, 1982
# Boys as a group are happier and show lower rates of delinquency
and school drop-out in father-custody homes. These results are
consistent and robust. There are no studies which find the reverse
- that children function better with the opposite-sex parent.
Camara, Resnick, 1988; Clarke-Stewart, Hayward, 1996; Gregory,
1965; Peterson, Zill, 1986; Santrock, Warshak, 1979; Warshak,
1996; Warshak, Santrock, 1983; Zimiles, Lee, 1991
# Researchers recommend that in a child’s best interests,
the job of the courts is to protect children from emotional damage
by safeguarding the child’s relationship with each parent
to the fullest extent possible
Williams F S. Child Custody and Parental Cooperation. Paper presented
at American Bar Association Family Law Section (1987).
Kelly J B (1988a). Longer-Term Adjustment In Children of Divorce:
Converging Findings and Implications For Practice. 2 Journal of
Family Psychology pp 119-140
# Continuing a broad based relationship with the child (eg joint
residence) considerably diminished the negative psychological
effects on the non-resident father and his child.
Greif J B. Fathers, Children and Joint Custody. 49 American Journal
of Orthopsychiatry (1979). pp 311-319 at 314
Luepnitz D A. Child Custody: A Study of Families After Divorce.
Lexington Books, Massachusetts (1982)
# Rejecting mandatory joint residence places the interests of
parents ahead of the best interests of the child
McIsaac H. The Divorce Revolution: A Critique. 10(5) California
Family Law Report (May 1986)
Kelly J B. Further Observations On Joint Custody. 16 University
of California Davis Law Review (1983) pp 762-770
# Australian data indicates the proportion of children with mental
health problems – including behavioural, affective (mood),
and attention deficit disorders – is lowest in intact families.
The highest proportion of children with problems occurs in single
parent households, but boys are most likely to suffer from mental
health problems in step/blended households.
Sawyer et al. The Mental Health of Young People in Australia.
Mental Health and Special Programs Branch, Department of Health
and Aged Care, Canberra (2000).
# In 1988, a survey of preschool children admitted to New Orleans
hospitals as psychiatric patients over a 34-month period found
that nearly 80 percent came from fatherless homes.
Block J et al. Parental Functioning and the Home Environment
In Families of Divorce. 27 Journal of the American Academy of
Child and Adolescent Psychiatry (1988)
# An important Australian study interviewed 402 Victorian children
and asked them about relationships with parents and their general
feelings about family life. It sought to connect their responses
to how the children were doing in their lives. For the broad range
of children support from both mothers and fathers was associated
with positive development. When fathers had little association
with their children, these children had relatively low self-esteem,
strongly desired more contact with their fathers, and were doing
poorly compared to other children whose fathers were more involved
in their lives.
Amato P. Children In Australian Families: The Growth of Competence.
Prentice-Hall, Sydney (1987)
# The Western Australian Child Health Survey found that the proportion
of children with low academic competence was almost twice as high
for sole parent households as for couple families – 30%
and 17% respectively
Zubrick S R, Silburn S R, Gurrin L, Teoh H, Shephard C, Carlton
J, Lawrence D. Western Australian Child Health Survey: Education,
Health and Competence. Australian Bureau of Statistics and The
TVW Telethon Institute For Child Health Research, Perth, Western
Australia (1997)
# Many studies have replicated the finding that boys fare much
more poorly than girls in post-divorce households.
Guidubaldi J, Cleminshaw H K, Perry J D, Nastasi B K, Lightel
J. The Role of Selected Family Environment Factors In Children’s
Post-Divorce Adjustment. 35 Family Relations (1986) pp 141-151
Krein S F, Beller A H. Educational Attainment of Children From
Single-Parent Families: Differences By Exposure, Gender and Race.
25 Demography (1988) pp 221-234
# Poor control of the custodial parent, inconsistency and family
disorganisation are often reported in single-parent households,
and lead to inattention ultimately resulting in poor performance
on tasks requiring sustained attention
Hetherington E, Cox M, Cox R. The Aftermath of Divorce. In Steven
and Mathews (Editors), Mother-Child, Father-Child Relations Washington
DC: National Association for the Education of Young Children (1978)
# Divorce affects the educational level that children attain.
Among girls who have completed high school there is a 33 percent
lower divorce rate among their parents compared to girls who drop
out of high school
Bumpass L L, Castro Martin T, Sweet J A. The Impact of Family
Background and Early Marital Factors On Marital Disruption. 12
Journal of Family Issues (1991) pp 22-42.
# Numerous authors have expressed concern about the injury to
children when a parent with psychological problems is given total
responsibility for the children. Decisions in favour of sole residence
will result in awarding residence to a small number of parents
who have serious psychological problems. Given the total authority
which parents in sole residence situations have, the potential
for child abuse, in that context, is almost unchecked.
Williams F S. Child Custody and Parental Cooperation. Paper
presented at American Bar Association Family Law Section (1987)
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
Kelly J B. Longer-Term Adjustment In Children of Divorce: Converging
Findings and Implications For Practice. 2 Journal of Family Psychology
(1988a) pp 119-140
# Available evidence suggests that both sole residence mothers
and sole residence fathers are guilty of that form of child abuse.
McMurray A, Blackmore A M. Influences On Parent-Child Relationships
On Non-Custodial Fathers. 14(3) Australian Journal of Marriage
and Family (1992) pp 151-159 at p153
Lovorn R. Why Women Join Fathers Rights Groups. Athens Banner
Herald. Athens Georgia (Thursday, 3 October 1991)
# These data could result from the increased stress associated
with single parent responsibilities, since the Ditson, Shay (1984)
data also indicated that in married families the abuse was evenly
split between the mother and the father.
Ditson J, Shay S. Use of A Home-Based Microcomputer To Analyse
Community Data From Reported Cases On Child Abuse and Neglect.
8 Child Abuse and Neglect (1984) pp 503-509
# Child abuse is intimately related to later delinquency and
violent crime, and here too divorce is implicated.
Fagan P. The Child Abuse Crisis: The Disintegration of Marriage,
Family, and The American Community. The Heritage Foundation, Backgrounder
No. 1115 (3 June 1997)
# When parenting responsibilities are totally loaded totally
on one parent, sole residence may lead to increased parental stress,
and research has associated increased maternal stress with increased
violence against children.
Whimple E E. The Role of Parental Stress In Physically Abusive
Families. Dissertation Abstracts International, 50A, 3354, Order
No AAC900701 (1989)
Delinquency and crime [29 citations]
# It has also been found that boys from divorced families often
exhibit delinquent-like behaviour and have difficulty in controlling
their impulses (Biller 1981; Buckingham 2000). Investigators believe
that boys need a firm, positive identification with their fathers
in order to be able to develop internalised controls over their
behaviour. The fact that post divorce boys have much less contact
with their fathers would explain their higher incidence of delinquent-like
and generally aggressive behaviour.
Biller, H. Father Absence, Divorce and Personality Development:
The Role of the Father in Child Development. Wiley, Son, New York
(1981)
Buckingham, J. Boy Troubles – Understanding Rising Suicide,
Rising Crime and Educational Failure. Centre For Independent Studies,
St. Leonards, NSW (June 2003).
# Assault rates more than doubled in the decade from 1980 to
1990 and there is a statistical association between rising crime
and rising rates of divorce. (There is no such association between
crime and unemployment or the number of young men in society).
Intact families are generally the most effective way to socialise
the young. Disturbed behaviour among young people was noted during
World War II, when many fathers were away from their families.
Sullivan suggests that our present way of dealing with this problem,
through intervention at the individual level by social workers
and the police, has little effect, and calls for a public health
approach, preventing the problems before they occur by encouraging
intact families.
Sullivan L. Rising Crime In Australia. Centre For Independent
Studies, Sydney (1997)
# The NSW Bureau of Crime Statistics and Research (BOCSR) implicates
child neglect is currently the most powerful social predictor
of juvenile crime.
Weatherburn D, Lind B. Social and Economic Stress, Child Neglect
and Juvenile Delinquency. NSW Bureau of Crime Statistics and Research,
Sydney (1997)
# “The high incidence of violent behaviour from boys was
strongly correlated to being fatherless but it was not, in my
experience, prevalent among any one community. It was not related
to one race or community, but it was related to having no father."
Harvey Brownstone (family court judge, North York Canada) quoted
in ”Put kids first, judge tells parents His family court
sees conflicts daily Complex reasons why dads absent” ANDREA
GORDON, Toronto Star newspaper, Jan. 16, 2006 http://www.thestar.com/NASApp/cs/ContentServer?pagename==thestar/Layout/Article_Type1&c==Article&cid=
37365412343&call_pageid=–8867495754&col=–9483191630
# Abuse has been shown to be related to violent juvenile crime,
but not to property crime
Farrington D F. The Family Backgrounds of Aggressive Youths,
In L Hersor, M Berger, D Shaffer (Editors), Aggression and Anti-Social
Behaviour In Child hood and Adolescence. Pergamon, Oxford (1978)
Patterson G R. Coercive Family Processes. Castalia, Eugene,
Oregon (1982)
Widom C S. The Cycle of Violence. 244 Science (1989) pp 160-166
# Children of divorced parents are significantly more likely
to be delinquent by age fifteen, regardless of when the divorce
took place, than are children of intact families
Frost A K, Pakiz B. The Effects of Marital Disruption On Adolescents:
Time As A Dynamic. 60(4) American Journal of Orthopsychiatry (1990)
pp 544-555. Hereinafter as Marital Disruption
# Adolescents from single-mother households are consistently
more likely to be delinquent than those from intact families,
though the same holds for children from intact conflict ridden
families
Demo D H, Acock A C. The Impact of Divorce On Children. 50 Journal
of Marriage and The Family (1988) pp 619-648
# Among adolescent girls there is a strong correlation between
family structure and delinquency
Heimer K Gender, Interaction, Ad Delinquency: Testing A Theory
of Differential Social Control. 39 Social Psychology Quarterly
(1996) pp 39-61
# Among adolescent girls there is a strong correlation between
family structure and hostile behaviour
Pakiz B, Reinherz H ,z Giaconia R M. Early Risk Factors For Serious
Antisocial Behaviour At Age 21: A Longitudinal Community Study.
67 American Journal of Orthopsychiatry (1997) pp 92-100
# Among adolescent girls there is a strong correlation between
family structure and drug use, larceny, skipping school
Kalter N, Reimer B, Brickman A, Chen J W. Implications of Parental
Divorce For Female Development. 24 Journal of The American Academy
of Child Psychiatry (1985) pp 538-544
# Among adolescent girls there is a strong correlation between
family structure and alcohol abuse
Frost A K, Pakiz B. The Effects of Marital Disruption On Adolescents:
Time As A Dynamic. 60(4) American Journal of Orthopsychiatry (1990)
pp 544-555.
# The divorce rate predicted the rate of robbery in any given
area, regardless of the economic and the racial composition, based
on a study of 171 American cities with populations over 100,000.
In these communities, he found that the lower the rates of divorce
the less the crime.
Sampson R J. Crime In Cities: The Effects of Formal and Informal
Social Control. In M Tonry, N Morris (editors), Crime and Justice.
University of Chicago Press, Chicago, IL, (1995) pp 271-301
# Other American data indicates that 43 percent of prison inmates
grew up in a single–parent household and an additional 14
percent lived in households without either biological parent.
Another 14 percent had spent at last part of their childhood in
a foster home, agency or other juvenile institution. (adding this
up, 70% of inmates didn’t have both natural parents, ed.)
US Bureau of Justice Statistics. Survey of State Prison Inmates.
US Bureau of Justice, Washington D C (1991)
# Sixty percent of rapists and seventy-two percent of adolescent
murderers in America grew up in homes without fathers.
Davidson N. Life Without Father. (1990)
# The one factor that most closely correlates with crime is the
absence of the father in the family. Controlling for family configuration
erases the relationship between race and crime and between low
income and crime. This conclusion shows up time and again in the
literature.
Kamarck E, Galston W. Putting Children First. Progressive Policy
Institute (1990)
# According to the Western Australian Child Health Survey, children
in single parent and step/blended households have up to two times
greater incidence of mental health problems than children in intact
families (two natural parents).
Silburn et.al. Western Australian Child Health Survey: Family
and Community Health. Australian Bureau of Statistics and the
TVW Telethon Institute For Child Health Research. Perth, W.A.
(1996)
# One U.S. study tracked one thousand families with children
aged six to eighteen for six years and found that those children
living in intact married families exhibited the least delinquency,
while children with stepfathers had the greatest risk of the most
disruptive behaviour. In this study single-parent children fell
in between.
Rickel A U, Langer T S. Short-Term and Long-Term Effects of Marital
Disruption On Children. 13 American Journal of Community Psychology
(1985) pp 599-661
# 15 times higher prevalence of depression in 12 to 14 years
olds not living with both of their natural parents.
Garrison et.al. Incidence of Major Depressive Disorder an Dysthymia
In Young Adolescents. 36 Journal of American Academy of Children
and Adolescent Psychiatry (1997) pp 458-465.
# At every income level except the very highest (over US$50,000
a year), children living with never-married mothers were more
likely than their counterparts in two-parent families to have
been expelled or suspended from school, to display emotional problems,
and to engage in antisocial behaviour.
National Health Interview Survey. United States Department of
Health and Human Services, Hyattsille, MD (1988) cited in Wilson
J Q. In Loco Parentis: Helping Children When Families Fail Them
The Brookings Review (Fall 1993)
# Higher divorce rates in a society lead to higher suicide rates
among children. Prior to the divorce revolution of the 1970s unemployment
was the biggest correlate with suicide, but that has changed (McCall
et al). The largest demographic indicator of suicide is the family
structure within which the person resides, and that the divorced
family structure is most dangerous. This link between the rise
in adolescent suicide in the past three decades with parental
divorce has been found again and again in the literature, and
in cross-cultural studies of Japan and the United States. For
children the suicide is often triggered by thoughts that their
parents have rejected them or have lost interest in them (Wodarski
et al).
McCall P.L, Land K. C. Trends in White Maile Adolescent, Young-Adult,
and Elderly Suicide: Are There Common Underlying Structural Factors?
23 Social Science Research (1994) pp 57-81.
Nelson F.L. et al. Youth Suicide in California: A Comparitive
Study of Perceived Causes and Interventions. 24 Community Mental
Health (Spring 1988) pp 31-42
Noevi Velez C, Cohen P. Suicidal Behaviour and Ideation in a
Community Sample of Children: Maternal and Youth Reports 27(3)
Journal of The American Acadamy of Child and Adolescent Psychiatry
(1988) pp 349-356.
Larson D. B, Swyers J. P, Larson S. S. The Costly Consequences
of Divorce. National Institute for Healthcare Research. Rockville,
Maryland (1995) p. 124.
Wodarski J. S, Harris P. Adolescent Suicide: A Review of Influences
and the Means for Prevention. 32(6) Social Work (1987) pp 477-484.
# Some experts to recommend paternal residence as a preference
for boys and maternal residence for girls. However, such a legislative
mandate would be inappropriate at present for two reasons. First,
no child should ever be denied the right to know and love two
care-giving parents (except, obviously, in abuse situations).
Second, no parent should be denied his or her parental rights
(i.e., human rights) without conclusive evidence that the exercise
of those rights is destructive of the child). Thirdly, This can
deny children from having a relationship with their siblings.
Finally, this would fail to achieve the only justification of
sole-residence – which is to remove one parent from the
children’s lives.
Rohman L W, Sales B D, Lou M. The Best Interests of The Child
In Custody Disputes. In L A Weithorn (Editor), Psychology and
Child Custody Determinations. University of Nebraska Press, Lincoln
Nebraska, (1987)
Thompson R. The Fathers Case In Child Custody Decisions: The
Contributions of Psychological Research. In M E Lamb, A Sargi
(Editors), Fatherhood and Social Policy. Erlbaum, Hillsdale, New
Jersey (1983). pp 50-100
Risks from Mummy's new boyfriend - 24 citations
The Family Court awards sole custody to the mother in the majority
of cases. These children have a high risk of living with “mummies-new-boyfriend”
in the future. These children face a vastly increased risk of
being abused or killed. Cinderella isn’t the only child
abused by a wicked step-parent.
Loving step-parents are to be admired and respected. However
not every sexual partner of a single parent becomes a loving step-parent.
An un-related adult entering a child’s home as simply as
“mummies-new-boyfriend” is an obvious risk to a child’s
safety.
We have found 24 citations to published research showing a tremendous
increase in risk when children live with a step-parent or “mummy's-new-boyfriend”.
A child is at approximately twenty (20) times higher risk of
being abused when living with a step-parent than when the child
is with it’s natural (biological) parents.
Sadly, most studies about child abuse don’t separate “natural
fathers” from “step fathers”.
Since few children live with a step-parent, the risk when living
with a step-parent is much higher than the raw percentage of abuse
suggests.
Simply multiply by 20 to get the increased risk for a child living
with a step parent or mummies-new-boyfriend. Simply multiply by
7 to get the increased risk for a child living in a sole parent
household.
For example if 30% of abuse occurs in stepfamilies, you multiply
30% x 20 = 6. Children in step families are at six times more
likely to be abused than if they were living with both their natural
parents.
The calculations work like this.
81% of children live with both natural parents while 13.5% live
with a sole parent and only 4.2% live with a stepparent.
So..
% x 81% divided by 13.5% = 6 times the risk of living with both
natural parents
% x 81 divided by 4.2% = 20 times the risk of living with both
natural parents
Australian Bureau of Statistics, Australian Social Trends 1995
Family - Living Arrangements: Children in families http://www.abs.gov.au/ausstats/abs@.nsf/94713ad445ff1425ca25682000192af2/2e2ae433535bc15aca2569ee0015d89d!OpenDocument
# Children are at far greater risk of abuse from step-parents
than from natural parents. A birth cohort of over 1019 youngsters
when they were aged 18 year-olds found an overall prevalence rate
of child sexual abuse of 10.4%. Only 2 (1.5%) of those cases involved
natural parents as perpetrators but 22.5% of accused offenders
were step-parents.
Fergusson D, Lynskey MT, Horwood LJ (1996). Childhood sexual
abuse and psychiatric disorder in young adulthood: Prevalence
of sexual abuse and factors associated with sexual abuse. Journal
of the American Academy of Child and Adolescent Psychiatry, 34(10):
1355-1364.
# A number of other studies also have indicated that step-fathers
are far more likely to engage in serious sexual abuse with their
step-daughters than natural fathers. For example, Finkelhor found
that “a step-father was five times more likely to sexually
victimise a daughter than was a natural father”.
Finkelhor D (1980). Risk factors in the sexual victimization
of children, Child Abuse, Neglect, 7, 133-146. 106
Perlmutter LH, Engel T, Sager CJ (1982). The incest taboo: loosened
sexual boundaries in remarried families, Journal of Sex, Marital
Therapy, 8 (2):83-96.
Russell D (1983). ’The incidence and prevalence of intrafamilial
sexual abuse of female children’, Child Abuse and Neglect,
7 (2), 133-76.
# A study of all state child protective services agencies by
the Children's Rights Coalition (a child advocacy and research
organisation in Austin Texas), found that biological mothers physically
abuse their children at twice the rate of biological fathers.
The majority of the rest of the time, children were abused because
of the single-mothers' poor choices in the subsequent men in their
lives. Incidences of abuse were almost non-existent in single-father-headed
households (Anderson 1990).
Department of Human Services (1987-1988). Texas Children’s
Rights Coalition, Austin Texas (1990)
# National data collected by the Australian Institute of Health
and Welfare (AIHW) show child abuse and neglect statistics have
an over-representation of single-parent households. More cases
involved children from female single-parent households (39%) than
families with two natural parents (30%) or other two parent households
such as step parent households (21%).
Since only 13% of children live in female single parent households
(Australian Bureau of Statistics 1995) and 34% of child sexual
abuse occurs in this type of household––it follows
that the relative risk of child sexual abuse in a female single
parent household is over seven times the risk in a two natural
parent family (34/13 x 81/30). The relative risk of any kind of
abuse in a single parent household is eight times that of a two
natural parent family.
The situation is becoming more serious. The Australian Bureau
of Statistics reports that between 1982 and1992, the number of
families headed by a lone parent grew by more than 180,000, reaching
an estimated 619,000––an increase of 42% in just ten
years (ABS 1995).
Angus G, Hall G (1996). Child Abuse and Neglect Australia 1994-1995.
Canberra: Australian Institute of Health and Welfare. (Australian
Institute of Health and Welfare Series; no 16)
Australian Bureau of Statistics. Australian Social Trends 1995.
Australian Bureau of Statistics, catalogue number 4102.0, Australian
Publishing Service, Canberra (1995). Further, the Australian Bureau
of Statistics reports that in 1992 approximately 81% of children
under the age of fifteen resided with both natural parents, 4%
resided in step-families (one natural parent and a married or
defacto partner), 3% were in joint custody and less than 1% resided
in some other type of household (e.g. with extended family members).
# Higher levels of divorce mean higher levels of child abuse.
Remarriage does not reduce this level of child abuse and may even
add to it. Serious abuse is much higher among stepchildren compared
with children of intact families.
Fergusson D M, Lynskey M T, Horwood L J. Childhood Sexual Abuse
and Psychiatric disorders In Young Adulthood: Prevalence of Sexual
Abuse and Factors Associated With Sexual Abuse. 34 Journal of
The American Academy of Child and Adolescent Psychiatry (1996)
pp 1355-1364
# The rate of sexual abuse of girls by stepfathers is estimated
to be from six to seven times more likely by Russell, and much
as 40 times more when compared with such abuse by biological fathers
in intact families.
Russell D E H. The Prevalence and Seriousness of Incestuous
Abuse: Stepfathers vs. Biological Fathers. 8Child Abuse and Neglect
(1984) pp.15-22
Wilson M, Daly M. The Risk of Maltreatment of Children Living
with Stepparents. In R J Gelles, J B Lancaster (Editors), Child
Abuse and Neglect: Biosocial Dimensions, Foundations of Human
Behaviour. Aldine de Gruyter, New York (1987) pp 215-232
# Australian Human Rights Commissioner Brian Burdekan reported
that sexual abuse of girls is around 17 times higher in households
where the adult male is not the natural father than in a two natural
parent family. In a stepfamily, the abuser may be an older stepsibling
– not necessarily the stepparent.
Burdekan B. Our Homeless Children. Report of The National Inquiry
Into Homeless Children By The Human Rights and Equal Opportunity
Commission. Australian Government Publishing Service, Canberra
(1989)
# Children two years and younger are seventy to a hundred times
more likely to be killed at the hands of stepparents than at the
hands of biological parents.
Wilson M, Daly M. The Risk of Maltreatment of Children Living
with Stepparents. In R J Gelles, J B Lancaster (Editors), Child
Abuse and Neglect: Biosocial Dimensions, Foundations of Human
Behaviour. Aldine de Gruyter, New York (1987) pp 215-232
# Fatal abuse of children of all ages occurs three times more
frequently in stepfamilies than in intact married families. Neglect
of children, which frequently is more psychologically damaging
than physical abuse is also twice as high among separated and
divorced parents. Emery R. Abused and Neglected Children. 44(2)
The American Psychologist (1989) pp 321-328
# Female offenders usually being the child’s biological
mother and male offenders usually a de-facto or a step-parent.
Alder, Pol (2001) Child victims of homicide. Cambridge: Cambridge
University Press.
# When (AIC) research analyst Jenny Mouzos crunched figures
on the distribution of parents who killed children by gender and
biological ties, she found biological mothers posed a more lethal
risk to their own. Biological mothers account for about 35 per
cent of all filicides (about the same proportion as stepfathers
and de factos), while biological fathers account for 29 per cent."
Jenny Mouzos, Homicidal encounters : a study of homicide in
Australia 1989-1999. ISBN 0 642 24165 1 ; ISSN 1326-6004 Canberra:
Australian Institute of Criminology, 2000
# De-facto or step-parents are more likely to kill children in
their care than biological parents, and step-fathers are more
likely to kill a child than a step-mother. This is in part due
to small children rarely residing with a biological father and
step-mother. The most common offender is a young male living in
a de-facto relationship with the child’s mother.
Strang (1995) “Child abuse homicides in Australia: Incidence,
circumstances, prevention and control.” In D. Chappell and
S. Egger (Eds.) Australian Violence: Contemporary Perspectives
II (pp. 71-86), Canberra: Australian Institute of Criminology.
Daly, Wilson (1994) Some differential attributes of lethal assaults
on small children by stepfathers versus genetic fathers. In Ethology
and Sociobiology, 15 (pp. 207-217)
# Step-fathers and de-facto fathers are disproportionately represented
as sex offenders. Girls living with stepfathers are seven times
more likely to be sexually abused by a step-father or by their
mother’s de-facto partner than girls living with their biological
father.
Russell (1989) The secret trauma: Incest in the lives of girls
and women. New York, Basic Books.
# If kids stay with their mother after divorce, they often end
up living with a step-father, or "mummy’s new boyfriend".
Recent research suggests that the most dangerous place for a child
could be with its mother and her new man.
Of 58 children killed by a family member, 22 were killed by their
mother and a further 27 by a step-father. Only nine of the victims
were killed by their real father (16%).
Jenny Morgan, Who Kills Whom and Why: Looking beyond Legal Categories
University of Melbourne. Published by the Victorian Law Reform
Commission, 2002
# However, a startling 84% were killed either by the mother
or her new boyfriend/stepfather. In fact, mothers were as likely
to kill their own children as (real) fathers and step-fathers
combined.
Polk, K. and Adler, C., “Child Victims of homicide”
(2001). Cited in “Who kills whom and why.” Morgan,
j., Victorian Law Reform Commission 2002.
# “There are more children growing up without their biological
fathers. Biological fathers, by and large, do not sexually abuse
their children - 2 per cent compared with 10 per cent of stepfathers
or de-factos."
Professor of forensic psychiatry at Monash University, Professor
Paul Mullen, cited in "Betraying the trust of children",
Author: Sally Heath, Date: 26/04/1996, Words: 1550, Publication:
The Age, Section: News, Page: 17)
# Stepparents always have had a difficult time establishing
close bonds with new stepchildren as even traditional fairy tales
recount. Sole residence is the judicial preferment of stepparents.
Difficulties between children and stepparents are not confined
to Grimm’s fairy tales. The fairytale theme is confirmed
in the research literature: The rate of bonding between stepparents
and stepchildren is rather low. By one study only 53 percent of
stepfathers and 25 percent of stepmothers may have parental feelings
toward their stepchildren, and still fewer to love them. A Melbourne
study (Hodges 1982), indicated considerable difficulties were
experienced by adolescents on the re-marriage of the resident
parent (usually the mother). The majority appeared uncomfortable.
Parents favour their own children. Bi-parental care is universal
in our species and is a fundamental attribute (Dally, Wilson 1980).
Hodges E. Adolescents’ Post-Divorce Relationships With
Parents and Step-Parents: A Melbourne Study, from Willcott I.
Parenting After Separation (1982) p 16.
See also:
Greif J B, Simuring S K. Remarriage and Joint Custody. 20 Conciliation
Courts Review (1982) at 9
Daly M, Wilson M. Discriminate Parental Solicitude: A Biological
Perspective. 42 Journal of Marriage and The Family (1980) p 277
Premature puberty – 13 citations
Recent corroborated research show that girls without their natural
(biological) fathers reach puberty 9 months earlier than girls
who live with their natural fathers and are several times more
likely to become pregnant as teenagers, even after controlling
for wealth and race.
There are many things we do not yet know about our bodies. Some
researchers argue that this is a result of the trauma of separation;
others view it as a biological fact, possibly due to some hormonal
mechanism.
A child’s natural father seems to protect a child from
premature puberty and promiscuity. We have found 13 citations
showing that girls reach puberty earlier and are more likely to
become teenage mothers if they don’t have shared residence
with their natural fathers.
# There seems to be a protective effect increasing health and
reducing promiscuity when children live with their natural (genetic)
fathers. Rates of teenage pregnancy increased from about 1:20
among father-present girls to 1:3 among early father-absent girls
in the US sample, and from about 1:30 among father-present girls
to 1:4 among early father-absent girls in the New Zealand sample
(early father absence was defined as the first five years of life)."
"... teenage girls are more likely to go through puberty
early up to nine months earlier than in some cases when they live
with unrelated males (like stepfathers), another factor which
increases risk of early sexual behaviour." (please note that
these few months brings the onset of puberty generally in primary
school. Dr Bruce Ellis of the University of Canterbury, NZ quoted
in "A rainbow ends for Daddy's little girl" Author:
Bettina Arndt Date: 23/09/2003 Words: 1678, Publication: Sydney
Morning Herald, Section: News And Features, Page: 11)
# If a mother's new partner becomes part of the family, this
can increase the risk for these girls. A few years ago, QUT's
Nicholson was involved in research with Professor David Fergusson,
another of the Christchurch team, which found that teenagers in
step-families are 50 per cent more likely to engage in early sexual
activity and have multiple partners.
“A rainbow ends for Daddy's little girl”, Bettina
Arndt Sydney Morning Herald, 23/09/2003. Page: 11
# Many studies have identified the absence of the natural (biological)
father from the home as a major risk factor for early sexual activity.
Day, R.D. (1992). The transition to first intercourse among racially
and culturally diverse youth, Journal of Marriage and the Family,
54, 749-762.
Kiernan, K. E., Hobcraft, J. (1997). Parental divorce during
childhood: Age at first intercourse, partnership and parenthood.
Population studies, 51, 41-55.
Newcomber, S., Udry, J.R. (1987). Parental marital status effects
on adolescent sexual behavior. Journal of Marriage and the Family,
49, 235-240.
# Many studies have also identified the absence of the natural
(biological) father from the home as a major risk factor for teenage
pregnancy.
Geronimus, A.T., Korenman, S. (1992). The socioeconomic consequences
of teen childbearing reconsidered. Quarterly Journal of Economics,
107, 1187-1214.
Hogan, D.P., Kitagawa, E.M. (1985). The impact of social status,
family structure, and neighborhood on the fertility of black adolescents.
American Journal of Sociology, 90, 825-855.
McLanahan, S.S. (1999). Father absence and the welfare of children.
In E.M. Hetherington (Ed.), Coping with divorce, single parenting,
and remarriage. Mahwah, NJ: Lawrence Erlbaum.
Belsky, J., Steinberg, L., Draper, P. (1991). Childhood experience,
interpersonal development, and reproductive strategy: An evolutionary
theory of socialization. Child Development, 62, 647-670.
Chisholm, J. S. (1999). Death, hope and sex: Steps to an evolutionary
ecology of mind. Cambridge: Cambridge University Press.
Robbins, C., Kaplan, H. B., Martin, S. S. (1985). Antecedents
of pregnancy among unmarried adolescents. Journal of Marriage
and the Family, 47, 567-583.
Silverstein, L.B., Auerbach, C.F. (1999). Deconstructing the
essential father. American Psychologist, 54, 397-407.
# Children whose natural father was not present in their lives
from when they were younger than 5 years old, had a much higher
risk of adolescent pregnancy rates were approximately 7 times
higher in the US study and 8 times higher in the NZ study compared
to families that still had their natural (biological) father.
The study found that even after controlling factors such as wealth,
education and race, girls who lost their natural fathers when
they were younger than 5 years old still had between 3 and 5 times
the risk of having a teenage pregnancy. These other factors controlled
for included the age and education of the mother, the occupation
of the father, wealth, race, family conflict, stress and mothering
style.
These studies suggest that there is some biological or hormonal
mechanism that results in early puberty and risk of teenage pregnancy.
Girls who lost their fathers when they were young didn’t
have significantly higher rates of behaviour problems, poor school
results or violence, after controlling for race, class etc as
before.
Does father absence place daughters at special risk for early
sexual activity and teenage pregnancy?
Ellis, Bruce J., Child Development; Vol. 74, no. 3 May / Jun.
2003
Emotional and theoretical research
Less convincing than ‘quantitative’ research, this
research relies on questioning or observing subjects and interpreting
the results. Sometimes these studies rely on a theoretic framework,
such as Attachment Theory for this interpretation.
Meaningful relationships need shared residency – 40 citations
We have found 40 citations to published research showing that
with sole residency (or when the majority of time is with one
parent), the relationship with the other parent frequently withers
and dies, to the detriment of this parent and the children.
Understandably few studies attempt to show that 50-50 shared
residence is better than 49-51 or any other ratio. Many researchers
use the concept of a “Meaningful Relationship” with
both parents. Others measure the problems of living with a step-parent,
or the absence of the natural father. All of these approaches
essentially mean the same thing, i.e. they support shared residence.
Sadly the relationship with the other parent is often destroyed
by the parent with majority residence as a side effect of spite
or because the resident parent sees little value in the children
having a relationship with the person she rejected.
Other times the relationship simply withers due to the artificial
nature of being a ‘Disney dad”.
# The most serious impediment to a father continuing to parent
his children after separation is the Family Court.
Goodyear-Smith, Felicity (1993). First Do No Harm: the sexual
abuse industry, Benton-Guy Publishers, Auckland
# Other research has also shown that fathers were much more involved
with their children in joint residence situations than in maternal
residence
Greif J B. Fathers, Children and Joint Custody. 49 American Journal
of Orthopsychiatry (1979). pp 311-319 at 314
Luepnitz D A. Child Custody: A Study of Families After Divorce.
Lexington Books, Massachusetts (1982)
Luepnitz D A. A Comparison of Maternal, Paternal, and Joint
Custody: Understanding The Varieties of Post-Divorce Family Life.
9 Journal of Divorce (1986) pp 1-12
Kelly J B. Longer-Term Adjustment In Children of Divorce: Converging
Findings and Implications For Practice. 2 Journal of Family Psychology
(1988a) pp 119-140
Shiller V M. Joint Verses Maternal Custody For Families With
Latency Age Boys: Parent Characteristics and Child Development.
56(3) American Journal of Orthopsychiatry (1986a) pp 486-489
# That the best and perhaps only way to achieve true continuity
of family relationships is through the medium of joint residence
which aims to preserve the child's perception of both mother and
father as an integral part of his or her life, a positive role
model, and a continuing and consistent source of love, security,
respect, discipline, and exposure to a varied range of life experiences
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Rinehart, Winston, New York (1978)
Coller D R. Joint Custody; Research, Theory and Policy. 27(4)
Family Process (December 1988) pp 259–269
Farrell W. Father and Child Reunion: How To Bring The Dads We
Need To The Children We Love. Tarsher/Putman, New York (January
2001)
# A second potential for abuse is contact denial, because parental
loss injures the child in terms of post-divorce adjustment, contact
denial may be viewed as one form of emotional abuse in a large
percentage of sole residence households.
Fulton J A. Parental Reports of Children’s Post-Divorce
Adjustment. 35 Journal of Social Issues (1979) pp 126-139. See
also, supra text pp 73-74
Lovorn R. Why Women Join Fathers Rights Groups. Athens Banner
Herald. Athens Georgia (Thursday, 3 October 1991)
Gibson J. Non-Custodial Fathers and Access Patterns: Family
Court of Australia. Office of The Chief Executive. Summary of
Key Findings. Research report No. 10. Australian Government Publishing.
Service Canberra (1992).
McMurray A, Blackmore A M. Influences On Parent-Child Relationships
On Non-Custodial Fathers. 14(3) Australian Journal of Marriage
and Family (1992) pp 151-159 at p153
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
# Non-custodial parents continued meaningful relationship with
his children, especially with younger children, will be subject
to mother’s approval and permission. Sadly, too few resident
mothers, dealing with feelings of vulnerability, anger, and guilt,
are willing freely to grant such permission. This autonomy (power)
over their children’s contact with the father, often is
in tandem with revenge for real or perceived misdeeds.
Teyber E, Hoffman C. Missing Fathers. Psychology Today (April
1987) pp 36-39
# “There is not only the most solid evidence of being loved
by both parents, but the chance to express rather than bury, whatever
angers and conflicts the divorce engenders. This chance is absent
in the sole custody household. Children are not only deeply pained
by one parent’s absence, but they interpret it as abandonment;
as a consequence, they feel devalued and guilty, yet they find
they have few ways to express their anger and confusion.”
Findings from research projects in Virginia, California, Arizona
and Texas support the position that in most cases, children benefit
from post-divorce arrangements that foster continuing relationships
with both parents and more contact with non-resident fathers than
was typically taking place.
Roman, Haddad (1978), cited in Kalter, N. Long Term Effects of
Divorce on Children: A Developmental Vulnerability Model. 57 American
Journal of Orthopsychiatry (1987)
Hetherington E M, Cox M, Cox R. Effects of Divorce On Parents
and Children. In M E Lamb (Editor), Non Traditional Families:
Parenting and Child Relationships. Lawerence Erlbaum, Hillsdale
New Jersey (1982) pp 223-288
Hetherington E. M., Hagan M. S. Divorced Fathers, Stress, Coping,
and Adjustment. In M. E. Lamb (Ed), The Father’s Role: Applied
Perspectives. John Wiley, New York (1986) pp 103-104
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
Braver S. L., O’Connell D. Divorced Dads: Shattering The
Myths. Tarcher/Putnan, New York (1998)
Warshak R. A. The Custody Revolution: The Father Factor and
The Motherhood Mystique. Simon, Schuster, New York (1992)
# A growing number of non-custodial parents (mainly fathers)
are unable to maintain contact with their children after separation.
A recent NZ survey found that 18% of custodial parents (mostly
mothers) and 15% of non-custodial parents (usually fathers) reported
that the non-custodial parent had no contact with their children
six months after the couple had separated.
Lee A (1990). A survey of parents who have obtained a dissolution,
Family Court Custody, Access Research, 2, p 63.
# Large numbers of post separation children are denied their
Court ordered (and deserved) contact to their non–resident
fathers on many occasions, often with cold and calculating regularity.
The reasons are often frivolous and ridiculous and are usually
mis-stated.
Fulton J A. Parental Reports of Children’s Post-Divorce
Adjustment. 35 Journal of Social Issues (1979) pp 126-13
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
Jacobs J W. Treatment of Divorcing Fathers: Social and Psychotherapeutic
Considerations, 140 American Journal of Psychiatry (1983) 1294-1299
Koch M A P, Lowery C R. Visitation and The Non-Custodial Father.
8 Journal of Divorce (1984) pp 47-65
Kelly J B. Longer-Term Adjustment In Children of Divorce: Converging
Findings and Implications For Practice. 2 Journal of Family Psychology
(1988a) pp 119-140
# Other research by the Family Court shows that within a few
years of the divorce, less than a quarter of fathers still have
contact with their children, and more than half have contact only
twice a year or not at all. Most non-resident fathers wanted to
see their children more often, but almost half of the fathers
reported that their former wives frequently opposed contact and
employed strategies to reduce it. Overall the men presented a
bleak view of the role of the non-resident father. Many feel it
painful and unrewarding. It is totally devastating said one. The
child cannot understand how I am forced to see so little of him
its breaking my heart said another.
Gibson J. Non-Custodial Fathers and Access Patterns: Family
Court of Australia. Office of The Chief Executive. Summary of
Key Findings. Research report No. 10. Australian Government Publishing.
Service Canberra (1992).
# The fall off in contact does not lie in background variables
like economic factors, parental involvement prior to the break-up
or the age of the child, but in the structure of contact ordered
by court. The marginalisation and disengagement of fathers is
an inevitable consequence of the sole residence.
Loewan J. Visitation Fatherhood. In P Bronstein, C Pape Cowan
(Editors), Fatherhood Today. John Wiley (1988) at pp195-213
# Fathers who had a close pre-separation relationship with their
children are more likely to become disengaged because of the artificiality
and limitations of contact parenting.
Kruk E. Psychological and Structural Factors Contributing To
The Disengagement of Non Custodial Fathers After Divorce. 30(1)
Family and Conciliation Courts Review (January 1992 ) pp 81-101
# Often the non-resident father reacts to a sole residence award
as if they have lost their child, and soon a meaningful relationship
also dies and they become a holiday parent or Disneyland Dad bringing
gifts. Contact becomes a frantic effort to entertain and court
the child in order to retain the child’s affection. This
pseudo-relationship is not an adequate substitute for a meaningful
relationship. It’s artificial structure lacks normal activities:
putting a child to sleep, helping with homework, preparing a meal
together etc.
Greif J B. Fathers, Children and Joint Custody. 49 American
Journal of Orthopsychiatry (1979). pp 311-319 at 314
# “Fathers could not endure the pain of seeing their children
only intermittently, and by two years after the divorce coped
with this stress by seeing their children infrequently, although
they continued to experience a great sense of loss and depression.
Hetherington E M, Cox M, Cox R. Effects of Divorce On Parents
and Children. In M E Lamb (Editor), Non Traditional Families:
Parenting and Child Relationships. Lawerence Erlbaum, Hillsdale
New Jersey (1982) pp 223-288
# “The father's anxieties centre around having lost his
children, so he courts them. But after a while the frantic drive
to maintain contact with his children during a hurried meal, a
visit to the zoo, the park and other entertainment places is too
painful. He feels as if his son or daughter has become his guest,
someone he amuses for a few hours. He has lost meaningful, that
is to say non-holiday, contact with his children and, in time,
often withdraws. He protects himself by moving away from his children
since the situation, as it exists, is emotionally too difficult
for him and he can see no way to change it”
“As things now stand it is very difficult – financially,
socially, and emotionally for men and women to do anything but
conform to the irrational bias in favour of sole custody. Under
joint custody on the other hand, both parents are equal."
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Reinhart, Winston, New York (1978) at 178.
# “Central to this younger group of children was the very
strong sense of loss with regard to the departed father...Many
felt abandoned and rejected, and expressed their longing in ways
reminiscent of grief for a dead parent...The intensity of the
response in this age group was striking...The degree of closeness
and gratification in the pre-divorce father-child relationship,
at least from our perspective was not a factor in determining
this acute reaction.”
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
# Mitigating the parental sense of loss has legal and practical
ramifications. In reaction to depression caused by the loss of
one’s child, a parent may result to renewal of litigation
- a potentially devastating course for both parent and child.
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
# “For fathers with more than one child, a limited visitation
period severely restricts the opportunity for much needed time
alone with each child.... Yet repeatedly, they talked of missing
the intimacy of time alone...”
Greif G L, Pabst M S. Mothers Without Custody (1988) at 147-149
# The central and most compelling argument in favour of joint
residence is that it helps children and fathers maintain their
relationship. This is a powerful argument because a number of
studies have documented that a father's continued involvement
with his child is associated with a positive outcome for the child
Hetherington E M, Cox M, Cox R. Play and Social Interaction.
In Children Following Divorce. Paper presented at the National
Institute of Mental Health Conference On Divorce. Washington D
C (February 1978)
Hess R D, Camera KA. Post Divorce Relationships As Mediating
Factors In The Consequences and Children. 35(4) Journal of Social
Issues (1979) pp 79-96
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
Kurdeck L A, Berg B. Correlates of Children's Adjustment In
Their Parent's Divorce. In L A. Kurdeck (Editor), Children and
Divorce. Jossey-Bass, San Francisco (1983) pp 47-60
Shared residence reduces conflict – 9 citations
Joint residence reduces conflict between the parents and consequently
improves the lives of the children and their parents. Joint residence
also means that the family’s assets are more equally divided
and this is often the un-stated motivation of advocates objecting
to reforms.
We have found 8 citations to published research showing that
joint residence reduces conflict between separated parents
# Joint residence arrangements show reduced conflict because
joint residence appears to more fully satisfy the needs of both
parents It provides a combination of time off for one parent and
enhanced involvement in child rearing for the other
Ilfeld F, Ilfeld H, Alexander J. Does Joint Custody Work? A First
Look At Outcome Data of Relitigation. 138 American Journal of
Psychiatry (1982) pp 62-68
Luepnitz D A. Child Custody: A Study of Families After Divorce.
Lexington Books, Massachusetts (1982)
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Rinehart, Winston, New York (1978)
# The advantages of joint residence leads to less litigation
in the Family Court
Luepnitz D A. (1982). Child Custody: A Study of Families After
Divorce. Lexington Books, Massachusetts
Bauserman R. (2002) Child Adjustment In Joint Custody Verses
Sole-Custody Arrangements: A Meta-Analytic Review. 16(1) Journal
Of Family Psychology
# Dramatically higher compliance with child support orders.
Montana Child Support Advisory Council (1986). Custody And Visitation:
A Report To The State Child Support Commission
# Fathers in joint custody comply with their child support obligations
in 90.2% of cases; fathers with contact comply 79.1% of the time
and fathers with no contact privileges comply only 44.5% of the
time.
Lester G. H (September 1991) Child Support And Alimony (1989)
A Report Of The U.S. Bureau Of The Department Of Commerce, Bureau
Of The Census, Current Population Reports, Consumer-Income P-60
No 173. U.S. Government Printing Office, Washington D.C.
# Studies constantly report parental satisfaction, even from
parents who initially had reservations about joint residence.
Luepnitz D A. Child Custody: A Study of Families After Divorce.
Lexington Books, Massachusetts (1982)
Sharply C F, Webber R F. Co-Parenting: An Alternative To Consider
In Separation Counselling. 10(3) Australian Journal of Sex, Marriage
and Family (1992) pp 111-117
Emotional security and attachment – 15 citations
The following research examines the subjective and emotional
aspects of divorce and the differences between sole parenting
and shared residence. We have found 9 citations to published research
examining how sole residence is emotionally damaging for children.
# A sole residence order is that the law is seen to be designating
one psychological parent for the child. This interpretation can
prove to be emotionally devastating for both parent and child.
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
# Most experts agree that children, especially very young ones,
need consistency and routine. Unfortunately, too many of these
people, relying on outmoded sexist stereotypes about men and women,
believe that infants and toddlers should live with the primary
parent (the mother) and that the father should be allowed to visit
only two or three hours every weekend with no overnights. This
kind of schedule however, is absolutely inappropriate for infant
contact.
Fay R. Joint Custody In Infants and Toddlers: Theoretical and
Practical Aspects (1995)
# Loyalty conflicts, attachment and separation anxiety have
also been found to be associated with sole residence arrangements.
Some researchers believe that the psychological process underlying
post-divorce symptoms in children resemble mourning or bereavement.
Even those authors, who do not ascribe to the mourning theory,
note that loss, or severe attenuation of the parent-child bond
is a real possibility among children and non-resident parents.
Wallerstein, Kelly. The Effects of Parental Divorce: Experience
of The Child In Early Latency. 46(1) American Journal of Orthopsychiatry
(1976)
Weiss R. S. The Emotional Impact of Marital Separation. 32 Journal
of Social Issues (1976) pp 135-146.
Hetherington E, Cox M, Cox R. The Aftermath of Divorce. In Steven
and Mathews (Editors), Mother-Child, Father-Child Relations. Washington,
D.C.: National Association for the Education of Young Children
(1978).
# Another study found that limited contact by the non-resident
parent severely restricts the opportunity to provide the daily
nurturing needed to strengthen the parent-child relationship.
Often non-resident parents, reacting to the pain of being forced
to see their children only intermittently cope by seeing them
infrequently.
Greif J. B. Fathers, Children and Joint Custody. 49 American
Journal of Orthopsychiatry (1979). pp 311-319 at 314:
Hetherington E M, Cox M, Cox R. Effects of Divorce On Parents
and Children. In M E Lamb (Editor), Non Traditional Families:
Parenting and Child Relationships. Lawerence Erlbaum, Hillsdale
New Jersey (1982) pp 223-288:
# Not only do parents divorce each other, a divorce or mini divorce
happens between them and their children. Unlike the experience
of their parents, the child’s suffering does not reach its
peak at the divorce and then level off. Rather, the effect of
the parents’ divorce can be played and replayed throughout
the next three decades of the children’s lives. These long-lasting
effects are found in country after country no matter what the
socio-economic status of the family. In 1998 the Australian House
of Representatives Standing Committee on Legal and Constitutional
Affairs came to similar conclusions in its report To Have and
To Hold.
Kershet H F, Rosenthal K M. Single Parent Fathers: A New Study.
(May-June 1978) pp 13-14.
See also:
Kershet H F, Rosenthal K M. Father Presence: 4 Types of Post-Marital
Separation Fathering Arrangements. Paper presented at the N I
M H Symposium On Mental Health Consequences of Divorce On Children.
Washington DC (1978)
Wallerstein J. S, Blakeslee S. Second Chances: Men, Women and
Children a decade after Divorce. Houghton Mifflin Company, Boston
(1989 – reprinted 1996).
Commonwealth House of Representatives Standing Committee on
Legal and Constitutional Affairs. To Have And To Hold. Parliament
of Australia, Canberra (1998)
# Fathers are an important influence on their children’s
development, and a close relationship between father and child
benefits the father as well as the child. Children need their
fathers, but fathers need their children.
Parke R D. Fathers. Harvard University Press, Cambridge, Massachusetts
(1981)
# A longitudinal study of 131 children aged two through eighteen
found that preschoolers feared being abandoned after their parents
separation and that children of all ages expressed verbally and
behaviourally a great sense of loss if one parent was absent.
Among the twenty-six seven and eight year old children studied,
the most pronounced reaction to the parental divorce was the sense
of loss suffered with regard to the departed father. The study
noted that the effects of being left almost exclusively in the
care of only one parent were negative. In other research the authors
recorded children's intense dissatisfaction with the traditional
two weekends contact per month, dictated by the sole residence
model, and their desire for more frequent contact with their non-resident
parents. Only the children who could see their fathers several
times a week were even moderately content.
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980):
The Effects of Parental Divorce: Experiences of The Pre-school
Child. 14 Journal of Child Psychiatry (1975):
The Effects of Parental Divorce: Experience of The Child In Early
Latency. 46(1) American Journal of Orthopsychiatry (1976):
# “…young girls experience the loss of father egocentrically
as a rejection of them….the continued lack of involvement
is experienced as ongoing rejection by (the father). Many girls
attribute this rejection to their being not pretty enough, affectionate
enough, athletic enough, or smart enough to please father engage
him in regular, frequent contacts… The continuous sense
of being valued and loved as a female seems an especially key
element in the development of the conviction that one is indeed
femininely lovable. Without this regular source of nourishment,
a girls sense of being valued as a female does not seem to thrive”
Frost A K, Pakiz B. The Effects of Marital Disruption On Adolescents:
Time As A Dynamic. 60(4) American Journal of Orthopsychiatry (1990)
pp 544-555. Hereinafter as Marital Disruption
# These feelings of loss have also been reported in subsequent
British studies. Mitchell’s account of her interviews with
116 Scottish adolescents which were conducted five years after
separation, provides a moving record of the initial loneliness
and bewilderness of children that results from the inaccessibility
of one parent following separation (and sometimes in emotional
terms, both). The remarriage of one or the other parent constituted
a second crisis for some of the children in her sample because
it dispelled the last vestiges of hope (however unsubstantiated)
that their parents might eventually come back together again –
often the precondition children believed necessary for recovering
two parents. They emphasised again and again their need to be
kept informed about what was happening. Mitchell argued that doctors,
lawyers, teachers, and social workers were important attendants
upon the process of marriage breakdown who therefore had a primary
mental health care role to play in the reconstruction of family
life after divorce. The case for educating professionals about
the known effects of divorce on children and their parents is
well made by Mitchell and other writers.
Lund M. Research On Divorce and Children. 14 Family Law (1984)
pp 198-201.
See also, Walczack Y,. Burns S. Divorce: The Child's Point of
View. Harper, Row, London (1984)
Mitchell A. Children In The Middle: Living Through Divorce.
Tavistok Publications, London, New York (1985)
There is no evidence that sole custody is better for children
– 2 citations
We have found 2 citations to published research where the researcher
explicitly says that they believe that there is no evidence that
sole parenting is best for children.
This is a difficult claim to make, it requires considerable knowledge
in the field because finding something that does exist is a lot
easier than proving something doesn’t exist.
# “…nor does their exist, any social science data
to support the proposition that a single official parent is preferable
to two.”
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Rinehart, Winston, New York (1978)
# No study has found that joint residence is disadvantageous
to children. Where researchers have found significant differences,
they favour the joint residence arrangement. Only a few empirical
studies raise any concerns at all about joint residence and these
have been given an unwarranted anti joint residence spin. It is
interesting to note that even those researchers who currently
oppose joint residence do not argue that sole residence leads
to a better adjustment of the children (one can find little evidence
for that proposition). The strongest argument is merely that children
in sole residence do not do any worse than children in joint residence.
Kline M, Tschann J M, Johnston J R, Wallerstein J S. Children’s
Adjustment In Joint and Sole Physical Custody Families. 25 Developmental
Psychology (1989) pp 430-435
Attachment theory – 24 citations
Attachment theory is the basis of many family court rulings
for sole custody. The theory proposes that children need a secure
emotional attachment to caregivers for healthy emotional development.
However today attachment theory recognises that a child can form
attachments to several caregivers, typically the father and the
mother.
Today, attachment theory DOES NOT suggest that there is only
one single attachment figure. Rather, babies can form multiple
attachments, particularly with the mother and the father. Although
many professionals and the family court use attachment theory
to justify their belief in the importance of a ‘primary’
caregiver.
Attachment theory itself is criticised because the first one
of it’s two core planks of the theory have not been reproduced
and better explanations exist. Attachment theory says firstly
that the style of care-giving the child receives determines the
child’s response in the ‘strange situation’
experiment. And secondly that the ‘strange situation’
measurement of a child then goes on to predict many outcomes for
the child later in life, including emotional adjustment, success
at school, and many other measures of well-being. This second
plank has been widely confirmed.
The first plank however is based on a single experiment of 26
children, the Baltimore project in 1963. This has not been reproduced.
A more convincing explanation for interpreting the ‘strange
situation’ is that it is simply a form of personality test
and not related to care-giving style or attachment to the mother
at all. Children are born with different temperaments and this
is the main factor in their response to the attachment theory
measurement of the strange situation.
Attachment theory was the life’s work of Bowlby and Ainsworth.
# Bowlby’s own research published just 5 years after the
maternal deprivation monograph concluded that the dangers of separation
had been overstated.
Bowlby J, Ainsworth M, Boston M, Rosenbluth D. The Effects of
Mother-Child Separation: A Follow-Up Study. 29 British Journal
of Medical Psychology (1956) p 211
# In his later work, Bowlby (1988) acknowledged the enduring
attachments bonds between father and child.
Bowlby J. A Secure Base. Basic Books, New York (1988)
# Children are born with different temperaments and this is
the main factor in their response to the attachment theory measurement
of the strange situation, rather than attachment to a caregiver
or that caregiver’s parenting style.
Kagan, Jerome (1989) Temperamental Contributions to Social Behavior
(1988 APA Award Address). American Psychologist, 44(4), 668-674
# Most children develop bonds with several people and it appears
likely that these bonds are basically similar. …...an infant
is not confined to just one bond...once he has reached the stage
of forming specific attachments, he is capable of maintaining
a number at the same time...
Grote D F, Weinstein P J. Joint Custody: A Viable and Ideal Alternative.
1 Journal of Divorce (Fall 1977). pp 43-53:
# Like many others Bowlby confuses biology and culture. His
is the mathematics of sexism, which manages to quantify and endorse
two mutually exclusive sex-defined roles for parents to act. And
it is more dangerous: herein a psychoanalyst gives credence to
the view of the father as a non-parent, a ‘useful’
financial and emotional presence for his contented wife.
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Rinehart, Winston, New York (1978)
# While maternal attachment has been widely recognised for several
decades, the more recent literature on attachment clearly demonstrates
that children form important bonds with both parents.
Thompson R. The Fathers Case In Child Custody Decisions: The
Contributions of Psychological Research. In M E Lamb, A Sargi
(Editors), Fatherhood and Social Policy. Erlbaum, Hillsdale, New
Jersey (1983). pp 50-100
Rohman L W, Sales B D, Lou M. The Best Interests of The Child
In Custody Disputes. In L A Weithorn (Editor), Psychology and
Child Custody Determinations. University of Nebraska Press, Lincoln
Nebraska, (1987)
# The attachment bond with the father is the beginning of the
development of social skills, and social relationships, and, in
the broader context of society cannot in any way be considered
secondary to the mother-child attachment.
Warshak R A. The Custody Revolution: The Father Factor and The
Motherhood Mystique. Simon, Schuster, New York (1992)
# Steinman evaluated 24 couples who chose joint residence arrangements
for their children at divorce. The children felt that they were
strongly attached to both parents and were not were not troubled
by the loyalty conflicts. A comparatively low rate of the children
experiencing confusion or anxiety to their shared residence arrangement.
Consequently the argument that children in joint residence experience
more confusion and frustration was not supported in that study.
Steinman S. The Experiences of Children In A Joint Custody Arrangement:
A Report of A Study. 51 American Journal of Orthopsychiatry (1981)
pp 403-414
# The notion that children have only one psychological parent
has been thoroughly discredited by a large body of evidence that
has demonstrated that infants normally develop close attachments
to both of their parents.
Thompson R. The Fathers Case In Child Custody Decisions: The
Contributions of Psychological Research. In M E Lamb, A Sargi
(Editors), Fatherhood and Social Policy. Erlbaum, Hillsdale, New
Jersey (1983). pp 50-100
Rohman L W, Sales B D, Lou M. The Best Interests of The Child
In Custody Disputes. In L A Weithorn (Editor), Psychology and
Child Custody Determinations. University of Nebraska Press, Lincoln
Nebraska, (1987)
Biller H B. Fathers and Families: Paternal Factors In Child
Development. Auburn House, Westport, C T (1993). See also, Jackson
B. Fatherhood. Allen, Unwin, London (1984)
# Attachment occurs at about 6 months of age and that they do
best when they have the opportunity to establish and maintain
such attachments. Reducing the father’s involvement in the
children’s lives to a trivial level obviously destroys this
major attachment.
Parke R. Fathers. Harvard University Press, Cambridge, Massachusetts
(1981)
Warshak R A. The Custody Revolution: The Father Factor and The
Motherhood Mystique. Simon, Schuster, New York (1992)
Lamb M E. The Role of The Father In Child Development. (M E
Lamb, Editor, 3rd edition). John Wiley, New York (1997)
# Attachment bonds which meet different needs of the developing
child are not interchangeable one type of attachment cannot typically
make up for the absence of the other.
Thompson R. The Fathers Case In Child Custody Decisions: The
Contributions of Psychological Research. In M E Lamb, A Sargi
(Editors), Fatherhood and Social Policy. Erlbaum, Hillsdale, New
Jersey (1983). pp 50-100
# Most children in normal families experience a variety of caregivers,
even in their second and third year.
Hill M. Sharing Child Care In Early Parenthood. RKP (1987)
# Infants can he attached to a hierarchy of figures, including
fathers, grandparents, and siblings, as well as to day-care providers.
Schaffer, H, R., Emerson, P. F. (1964). The development of social
attachments in infancy. Monographs of the Society for Research
in Child Development, 29 (Serial No. 94).
Also:
Howes, C., Rodning, C., Galuzzo, D. C., Myers, 1. (1988). Attachment
and child care: Relationships with mother and caregiver. Early
Childhood Research Quarterly, 3, 403-416.
# Contemporary attachment theory has abandoned the notion of
monotrophy––the idea that children have a biological
need to develop selective attachment to just one person. The notion
that children have only one psychological parent has been thoroughly
discredited by a large body of evidence that has demonstrated
that infants normally develop close attachments to both of their
parents
Inge Bretherton, The origins of Attachment Theory: John Bowlby
and Mary Ainthwortth. Developmental Psychology (1992), 28, 759-775.
# The recognition that children usually have more than one loving
relationship that provides emotional security has led to a greater
realisation of the importance of facilitating attachments and
a corresponding de–emphasis on the trauma of separations
Rutter M. Clinical Implications of Attachment Concepts. 36 Journal
of Child Psychology and Psychiatry (1995a). pp 549-571
# It is now generally accepted that the finding that children
are distressed when separated from a parent and left with a stranger
is not at all relevant to the situation where children are separated
from one parent to whom they are attached and spend time with
another parent to whom they are attached.
Inge Bretherton, The origins of Attachment Theory: John Bowlby
and Mary Ainthwortth. Developmental Psychology (1992), 28, 759-775.
# Lamb, a leading authority on attachment, summarised two decades
of research as demonstrating that the presence of one attachment
figure provides sufficient emotional security to allow a child
to avoid separation anxiety when separated from another attachment
figure. He concluded that extended separations, including overnights
apart from either parent, usually do not distress infants when
they are with the other parent.
Lamb M E. Brief For The Texas Supreme Court Committee On Child
Visitation. Austin, Texas (3 November 1994). See also, Lamb, supra
note 113
# The evidence reveals that babies clearly can and do form more
than one attachment relationship. They can, for example, be attached
securely to mother, father, and regular caregiver.
Attachment 101 for Attorneys: Implications for Infant Placement
Decisions Eleanor Willemsen Santa Clara University Kristen Marcel
Professional School of Psychology, Fresno, California
Children are not safer from domestic violence with their mothers
Many of the defenders of awarding mothers majority custody,
use the issue of violence to justify their case.
We do not condone violence in any domestic situation. We also
do not believe that men or women are better or less violent and
research citations shows that mothers are as violent as fathers.
Denying a child a meaningful relationship with her father because
of violence between the parents is putting the best interest of
the mother above the best interest of the child.
Finally, the Family Court places too much weight on unsubstantiated
accusations of violence, fear of violence or violence that happened
only once. Again, this places the best interest of the accusing
parent above the best interest of the child.
Killing their own children
We have found 11 citations to published research showing that
where a parent (including step-parent) kills their child, the
parent is the biological mother in the majority of cases. There
is remarkable consistency that 55%-60% of perpetrators were mothers.
# Child homicide by perpetrator relationship, 2002
Perpetrator Status Percent of Victims
Mother Only 32.6 %
Father Only 16.6 %
Mother and Father 19.2 %
Mother and Other 9.1 %
Father and Other 1.4 %
Nonparental Perpetrator 15.9 %
Unknown or Missing 5.1 %
2002 US Children’s Bureau statistics http://www.acf.hhs.gov/programs/cb/publications/cm02/chapterthree.htm#
perps U.S. Department of Health and Human Services, Child
Maltreatment 2002. Administration for Children and Families, Administration
on Children, Youth and Families www.acf.hhs.gov/programs/cb/publications/cm02/index.htm
# Biological mothers posed a more lethal risk to their own. Biological
mothers account for about 35 per cent of all filicides (about
the same proportion as stepfathers and de factos), while biological
fathers account for only 29 per cent."
Jenny Mouzos, Homicidal encounters : a study of homicide in Australia
1989-1999 ISBN 0 642 24165 1 ; ISSN 1326-6004 Canberra: Australian
Institute of Criminology, 2000
# Most studies indicate that women kill their children at least
as frequently as men:
Change In Spouse Assault Rates From 1975 to 1992: A Comparison
of Three National Surveys In The United States", by Murray
A. Straus and Glenda Kaufman Kantor.
# A 2005 report on domestic violence released by the NSW Bureau
of Crime Statistics and Research (BOCSAR) found that a surprising
number of the domestic violence incidents recorded by police involve
male victims. Where the victim is younger than 15 or older than
39, male victims outnumber female victims (by more than two-to-one
for the younger age group).
# A study of 582 college men found that up to 78 per cent of those
abused as children had been abused by females.
Fromuth, M., Burkhart, B. Childhood Sexual Victimization Among
College Men: Definitions and Methological Issues. Violence and Victim.
1987. Volume 2. No 4. pp. 241-253.
# A U.S. national study found that 29 per cent of women and 22
per cent of men had experienced physical, sexual, or psychological
Intimate partner violence during their lifetime.
Coker AL, Davis KE, Arias I, Desai S, Sanderson M, Brandt HM, et
al. Physical and mental health effects of intimate partner violence
for men and women. American Journal of Preventive Medicine 2002;23(4):260–8.
Number of violent crimes committed by women each year in the United
States: 2.1 million
75% that are simple assaults on other women:
- Women Offenders 1999, US Bureau of Justice Statistics
Brainwashing In Custody Cases: The Parental Alienation Sydrome
by Doctor Ken Byrne. [Reproduced from an article in 4 (3) The
Australian Family Lawyer (1989) pp 1-5]
Custodial parents frequently obstruct visitation
A great deal of importance is placed on minimising trauma of
separation and change for the children during the divorce.
Generally, children see both parents every day while their parents
are together. Custody orders should reflect that reality as closely
as possible and shared residence is the best practical way of
achieving this.
The court does not penalise the custodial parent who prevents
the other parent from spending time with his children, even if
court ordered it the best interest of the child. Too often the
result is that the child loses the benefit of having a relationship
with her father and all the damage and risks involved in that.
For example; a father turns up for a court-ordered visitation
and the mother refuses to open the door. What can he do? He waves
the court order around in the air an is ignored; he calls the
police and they say they can’t intervene; he goes back to
the Family Court seeking some form of enforcement and gets another
piece of paper as useless as the first one.
The Family Court must enforce it’s own orders. We have
found 9 citations to research that demonstrates that the custodial
parent frequently abuses their power to the detriment of the child.
Many custodial mothers believe that there is no benefit in dad’s
involvement, but apart from the dangers for kids living with a
sole parent, it is a human right’s violation under the UN
Convention on the Rights of the Child
We have found 21 citations showing that the ongoing relationship
with the non-custodial parents is often sabotaged or destroyed
by the custodial parent. Again, this situation is made worse by
the Family Court’s refusal to enforce its own orders.
# 50% of non-resident fathers had a problem with the breakdown
of court ordered contact due to opposition by an ex-spouse.
Gibson J. Non-Custodial Fathers and Access Patterns: Family Court
of Australia. Office of The Chief Executive. Summary of Key Findings.
Research report No. 10. Australian Government Publishing. Service
Canberra (1992).
50% of fathers had a problem with the breakdown of court ordered
contact due to opposition by an ex-spouse; 66% of fathers reported
that contact periods were always too short; 73% of fathers wanted
increased contact with their children; 75% of fathers rated as
poor the relationship with an ex-spouse
# Interviews with 560 divorced adults about the impact of the
divorce in their lives and in the lives of their children. One
third of those fathers were not satisfied with the residence decision,
and indicated they wanted a change.
Victimisation was shown by the self–reports of resident
mothers, 40% of whom indicated that they had denied contact between
father and child at least once out of spite. Even more of the
non–resident fathers (53%) claimed that their ex–wives
had refused to let them see the children at one time or another.
Further, the majority of the mothers did not involve their former
spouses in matters concerning the children. Expressing the sentiments
of many mothers, one mother said “and what’s more,
I don’t intend to”. Because of the nature of the data
and the unflattering light cast upon the resident mothers answering
that particular question, the 40% figure may be an understatement.
Fulton J A. Parental Reports of Children’s Post-Divorce
Adjustment. 35 Journal of Social Issues (1979) pp 126-13
# Mothers, fathers, and children were assessed over a five-year
period. Only half of the resident mothers indicated that they
valued the continued contact between the father and his children.
20% of the custodial mothers in their research sample directly
attempted to sabotage the relationship between the children and
their fathers. A further 20% of custodial mothers saw no value
in continuing the relationship and may have sabotaged it in more
subtle ways. Clearly placing the parenthood status of fathers
in the hands of those sole residence mothers assures the intentional
victimisation of many fathers as well as their children.
Wallerstein J S, Kelly J B. Surviving The Breakup: How Children
and Parents Cope With Divorce. Basic Books, New York (1980)
# 14(3) Australian Journal of Marriage and Family (1992) pp 151-159
at p 153.
See also:
McMurray A. Parenting Without Custody: A Guide For Survival.
Harper Collins Publishers, Sydney (1995).
# “A family move, regardless of its reason, disrupts the
living environment of the child and can require important adjustments
for the child and family. Children in families with fewer resources
are probably more at risk of experiencing psychological or behavioural
problems due to the stress of a move, especially when a move is
compounded by other negative family events such as divorce, eviction
from the family home, or parental job loss. As such family moves
can potentially contribute to psychological morbidity or behavioural
problems. These and other ‘morbidities’ are being
recognised with increasing frequency by providers of health care
for children.
Journal of The American Medical Association. Impact of Family
Relocation On Children’s Growth, Development, School Function,
and Behaviour. JAMA (15 September 1993)
# Moving home is likely a big culprit in the poorer performance
of these children, for such moves tend to decrease school achievement
for most children, regardless of family background.
McLanahan S, Sandefer G D. Growing Up With A Single Parent: What
Hurts, What Helps. Harvard University Press, Cambridge, MA (1994),
reported in William S, Aquilino W S. The Life Course of Children
Born To Unmarried Mothers: Childhood Living Arrangements and Young
Adult Outcomes. 58 Journal of Marriage and The Family (May 1996)
pp 293-310.
# But compared to children of intact families, children of divorced
families move much more frequently.
Goldschdeider F K, Goldsheider C. The Effects of Childhood Family
Structure On Leaving and Returning Home. 60 Journal of Marriage
and The Family (1998) p751
# Moving houses tend to increase behavioural, emotional and
academic problems for all adolescents regardless of family structure.
Hoffman J P, Johnson R A. A National Portrait of Family Structure
and Adolescent Drug Use. 60 Journal of Marriage and The Family
(1998) p 635.
# When very young children leave their original family home
for another, because of their parents’ divorce, the move
is even more traumatic because they tend to become even more attached
to their family home during the break up of their parents
Stirtzinger R, Cholvat L. Preschool Age Children of Divorce:
Transitional Phenomena and The Mourning Process. 35 Canadian Journal
of Psychiatry (1990) pp 506-514.
# Compared to non-resident fathers, twice as many non-resident
mothers failed to maintain contact.
Schaefer M P. Children’s Adjustment In Contested Mother
Custody, Father Custody Homes. Paper presented at the 66th annual
meeting of the American Orthopsychiatric Association, 3 April
1989.
McMurray A, Blackmore A M. Influences On Parent-Child Relationships
On Non-Custodial Fathers. 14(3) Australian Journal of Marriage
and Family (1992) pp 151-159 at p153
# 50% of non-resident fathers had a problem with the breakdown
of court ordered contact due to opposition by an ex-spouse.
Gibson J. Non-Custodial Fathers and Access Patterns: Family Court
of Australia. Office of The Chief Executive. Summary of Key Findings.
Research report No. 10. Australian Government Publishing. Service
Canberra (1992).
50% of fathers had a problem with the breakdown of court ordered
contact due to opposition by an ex-spouse; 66% of fathers reported
that contact periods were always too short; 73% of fathers wanted
increased contact with their children; 75% of fathers rated as
poor the relationship with an ex-spouse
# 20% of the mothers in their research sample saw no value in
the relationship between the child and their non-resident father
and tried to actively sabotage contact.
McMurray A, Blackmore A M. Influences On Parent-Child Relationships
On Non-Custodial Fathers. 14(3) Australian Journal of Marriage
and Family (1992) pp 151-159 at p 153.
See also:
McMurray A. Parenting Without Custody: A Guide For Survival.
Harper Collins Publishers, Sydney (1995).
# Local and overseas research indicates that between 20% and
50% of custodial mothers directly attempted to sabotage the relationship
between children and their non-resident fathers.
McMurray, A., Blackmore, A.M. (1992). “Influences On Parent-Child
Relationships On Non-Custodial Fathers”. Australian Journal
of Marriage and Family. Vol.14, No.3 pp.151-159
Gibson, J. (1992). “Non-custodial fathers and access patterns”.
Family Court of Australia. Research Report No.10. Australian Government
Publishing Service, Canberra
Fulton, J.A. (1979). “Parental reports on children’s
post-divorce adjustment”. Journal of Social Issues, Vol.
35, pp.126-139
Wallerstein, J.S., Kelly, J.B. (1980). Surviving the breakup:
How children and parents cope with divorce. Basic Books, New York
# Researchers recommend that in a child’s best interests,
the job of the courts is to protect children from emotional damage
by safeguarding the child’s relationship with each parent
to the fullest extent possible.
Williams F S. Child Custody and Parental Cooperation. Paper presented
at American Bar Association Family Law Section (1987).
Kelly J B (1988a). Longer-Term Adjustment In Children of Divorce:
Converging Findings and Implications For Practice. 2 Journal of
Family Psychology pp 119-140
# Compared to non-resident fathers, twice as many non-resident
mothers failed to maintain contact.
Schaefer M P. Children’s Adjustment In Contested Mother
Custody, Father Custody Homes. Paper presented at the 66th annual
meeting of the American Orthopsychiatric Association, 3 April
1989.
McMurray A, Blackmore A M. Influences On Parent-Child Relationships
On Non-Custodial Fathers. 14(3) Australian Journal of Marriage
and Family (1992) pp 151-159 at p153
Custodial parent moving
So much weight is placed on minimising disruption for children
in divorce. The fact that the mother is typically the main carer
for the kids is used to justify giving the children to the mother
and allowing minimal time with dad.
However when a custodial parent decides to move away, the change
forced on the kids is immense. New city, new house, new school,
loss of friends… and loss of the remaining attachment to
their dad.
Why is shared residence with dad traumatic, but taking them to
a new city is somehow not considered to be emotional abuse?
We have found 7 citations demonstrating risk inflicted on children
who are forced to move to a new home.
# It is precisely joint residence that allows parenting consistency
to continue after separation. To break the bond between the child
and one parent arbitrarily is to destroy continuity of care. They
argue that joint residence allows both adults the gratification
of parenting.
Roman M, Haddad W. The Disposable Parent: The Case For Joint
Custody. Holt, Rinehart, Winston, New York (1978)
# “A family move, regardless of its reason, disrupts the
living environment of the child and can require important adjustments
for the child and family. Children in families with fewer resources
are probably more at risk of experiencing psychological or behavioural
problems due to the stress of a move, especially when a move is
compounded by other negative family events such as divorce, eviction
from the family home, or parental job loss. As such family moves
can potentially contribute to psychological morbidity or behavioural
problems. These and other ‘morbidities’ are being
recognised with increasing frequency by providers of health care
for children.
Journal of The American Medical Association. Impact of Family
Relocation On Children’s Growth, Development, School Function,
and Behaviour. JAMA (15 September 1993)
# Moving home is likely a big culprit in the poorer performance
of these children, for such moves tend to decrease school achievement
for most children, regardless of family background.
McLanahan S, Sandefer G D. Growing Up With A Single Parent: What
Hurts, What Helps. Harvard University Press, Cambridge, MA (1994),
reported in William S, Aquilino W S. The Life Course of Children
Born To Unmarried Mothers: Childhood Living Arrangements and Young
Adult Outcomes. 58 Journal of Marriage and The Family (May 1996)
pp 293-310.
# But compared to children of intact families, children of divorced
families move much more frequently.
Goldschdeider F K, Goldsheider C. The Effects of Childhood Family
Structure On Leaving and Returning Home. 60 Journal of Marriage
and The Family (1998) p751
# Moving houses tend to increase behavioural, emotional and
academic problems for all adolescents regardless of family structure.
Hoffman J P, Johnson R A. A National Portrait of Family Structure
and Adolescent Drug Use. 60 Journal of Marriage and The Family
(1998) p 635.
# When very young children leave their original family home
for another, because of their parents’ divorce, the move
is even more traumatic because they tend to become even more attached
to their family home during the break up of their parents.
Stirtzinger R, Cholvat L. Preschool Age Children of Divorce:
Transitional Phenomena and The Mourning Process. 35 Canadian Journal
of Psychiatry (1990) pp 506-514.
# In the fist ‘move-away’ test-case after the last
round of ineffective Family Law changes. “The (Family Court)
Judge feared that if he did not let the mother (move interstate)
she would become depressed and hence less able to look after her
children. So it was in the best interests of the children to be
removed from their school, their friends, their father and their
father’s family and placed at the other end of the continent…
(Family Court judges) are the last upholders of the view that
women are fragile creatures.”
John Hirst, Kangaroo Court. Quarterly Essay 17, Black Ink, Schwartz
Publishing 2005 ISBN 186 395 3418 p63.
Neglect and emotional abuse
Mothers are clearly the perpetrators of the vast majority of
emotional abuse and neglect of children. This is partly due to
the long hours of childminding and social isolation forced on
mothers.
50-50 shared residence between the parents would allow the mother
to have a more-balanced life and reduce the frustrations and responsibilities
of sole-parenthood.
We have found 6 citations showing that the majority of this abuse
is perpetrated by mothers.
# Children are at the greatest risk of all forms of child abuse
when they are being raised by solo mothers, without input from
the fathers. It is ironic that so often current child protection
policies result in the removal of children from father’s
care.
Gelles R.J. (Oct 1988). Child abuse and violence in single–parent
families: parent absence and economic depravation, American Journal
Of Orthopsychiatry, 9 (4), 492–501
Ditson J, Shay S (1984). Use of Home–Based Microcomputers
To Analyse Community Data From Reported Cases On Child Abuse And
Neglect Child Abuse And Neglect, 8, 503–509.
MacMillan HL, MacMillan JH, Offord D (1993). Periodic health
examination, 1993. Update 1 – Primary prevention of child
maltreatment, Canadian Medical Association Journal, 148, 151-163.
# Mothers were perpetrators in 79% of proven emotional abuse,
and 85% in cases of neglect.
Report of The Institute For The Prevention Of Child Abuse (1994).
Ontario Incidence Study Of Reported Child Abuse And Neglect, pp
67, 82, 83, xii, cited in The silence of the screams: violence
by women in intimate relationships, complied by CSAG (Child Support
Action Group Incorporated in South Australia), researched by Yuri
Joakimidis, 1996.
# Neglect is by far the most common form of child mistreatment.
In 1994 about one million cases of child maltreatment were substantiated
in the United States. Nearly half of these were cases of neglect;
over a quarter were physical abuse; about 10% were sexual abuse
and the remainder were cases of emotional or other unspecified
abuse. AACAP Official Action (1997). Practice parameters for the
forensic evaluation of children and adolescents who may have been
physically or sexually abused,
Journal of American Academy of Child, adolescent Psychiatry,
36 (10), Supplement, 37S-56S.
# Women, are responsible for the majority of non-sexual child
maltreatment.
Report of The Institute For The Prevention Of Child Abuse (1994).
Ontario Incidence Study Of Reported Child Abuse And Neglect, pp
67, 82, 83, xii, cited in The silence of the screams: violence
by women in intimate relationships, complied by CSAG (Child Support
Action Group Incorporated in South Australia), researched by Yuri
Joakimidis, 1996.
Joint residence is what children want
Overwhelmingly, children want to maintain close relationships
with both their natural parents.
We have found 18 citations to research demonstrating that children’s
wishes are nearly for a continued meaningful relationship with
both parents.
# Joint residence is what children want, because it allows kids
to continue their relationship with both parents. Each of the
studies that sought the views of children indicates that while
they would prefer the intact family of origin, they are satisfied
with joint residence and value the opportunity to continue their
relationship with both parents.
Abarbanel A (1979). Shared Parenting After Separation and Divorce:
A Study of Joint Custody. 49 American Journal of Orthopsychiatry
pp 320-329
# Data in Australia has confirmed overseas evidence reporting
that the children of divorce long for frequent ongoing contact
with their absent parent and suffer immensely if this relationship
is severed or severely limited.
Family Law Council. Patterns of Parenting After Separation: A
Report To The Minister For Justice and Consumer Affairs. Australian
Publishing Service, Canberra (April 1992). Hereinafter Patterns
of Parenting
# Most children considered having two homes advantageous and
worth the effort of making the transition between homes because
it enabled them to remain close to both parents. Joint residence
does not create uncertainty and confusion for most youngsters
about either the arrangements or about the finality of the divorce.
Luepnitz D A. A Comparison of Maternal, Paternal, and Joint Custody:
Understanding The Varieties of Post-Divorce Family Life. 9 Journal
of Divorce (1986) pp 1-12
# In spite of the relative inability of children to articulate
their feelings (at least compared to the average adult), their
is increasing evidence that children, when presented with the
opportunity to do so, have articulated their desire to maintain
a loving, involved relationship with both parents after divorce.
This desire on the part of children is understandable, given the
evidence that children form meaningful attachment bonds to both
parents.
Thompson R. The Fathers Case In Child Custody Decisions: The
Contributions of Psychological Research. In M E Lamb, A Sargi
(Editors), Fatherhood and Social Policy. Erlbaum, Hillsdale, New
Jersey (1983). pp 50-100
# Nearly all the joint residence children were content with
the arrangement. These children echoed the sole residence children
in responding to the question, “With whom would you have
wanted to live after the divorce?” by saying, “With
both”.(p 47). The joint residence children were able to
cite specific advantages in the two–household lifestyle.
They described their arrangement as more fun, more interesting
or more comfortable.
Luepnitz D A. (1982). Child Custody: A Study of Families After
Divorce. Lexington Books, Massachusetts
# There is considerable evidence demonstrating that the child
and his or her non–resident parent feel a strong reciprocal
attachment and, in fact, need one another.
Thompson R. The Fathers Case In Child Custody Decisions: The
Contributions of Psychological Research. In M E Lamb, A Sargi
(Editors), Fatherhood and Social Policy. Erlbaum, Hillsdale, New
Jersey (1983). pp 50-100
Rohman L W, Sales B D, Lou M. The Best Interests of The Child
In Custody Disputes. In L A. Weihorn (Editor), Psychology and
Child Custody Determinations. University of Nebraska Press, Lincoln,
Nebraska (1987)
# An earlier study conducted by the University of Michigan (1979)
that asked 165 school children in grades three to six from divorced
and intact families their residence preference, found that the
majority of interviewed children wanted to live half the week
with one parent and the remaining half of the week with their
other parent. None of the children in the divorced group had experienced
this type of parenting. The high prevalence of reconciliation
fantasies among children in sole residence arrangements would
also seem to indicate a strong desire for continued involvement
of both parents in children's lives.
Recent local research adds weight to the view that children are
better off spending equal time with both parents after divorce.
The study is one of the first in Australia to look at how children
feel about spending time with their parents. When asked how parents
should care for children after divorce, the most common answer
was half and half" or "equal." Half also said they
wanted more time with their non-resident parents (Parkinson, Cashmore,
Single 2003).
Parkinson P, Cashmore J, Single J (December 2003). Adolescents'
Views On the Fairness Of Parenting And Financial Arrangements.
Faculty of Law, University of Sydney
# This desire on the part of children is understandable, given
the evidence that children form meaningful attachment bonds to
both parents.
Thompson R (1983). The Fathers Case In Child Custody Decisions:
The Contributions of Psychological Research. In M E Lamb, A Sargi
(Editors), Fatherhood and Social Policy. Erlbaum, Hillsdale, New
Jersey pp 50-100
Rohman L W, Sales B D, Lou M (1987). The Best Interests of The
Child In Custody Disputes. In L A Weithorn (Editor), Psychology
and Child Custody Determinations. University of Nebraska Press,
Lincoln Nebraska
Warshak R A 4 October 2000). Blanket Restrictions: Overnight
Contact Between Parents And Young Children. 4(38) Family And Concilliation
Courts Review (pp 422-445
# In a research review Kelly summarizes children's own descriptions:
• The children continue a daily life with both parents,
and they consequently don't become strangers to each other.
• The children feel that it is Just: neither of the parents
is favoured.
• The children are less likely to feel guilty and/or to
miss their fathers.
• The children get to experience that they are loved and
important to both parents, which strengthens self-confidence.
• The boys continue to have a father as a role model for
identification.
• There is no risk that contacts with either of the parents
will cease in the teenage years.
• It can feel good to have a rest from one of the parents
(especially for teenagers).
• A divorce is not experienced as a devastating loss, because
the child has not lost any love and important person from their
daily life (p 133).
Kelly J B (1988a). Longer-Term Adjustment In Children of Divorce:
Converging Findings and Implications For Practice. 2 Journal of
Family Psychology pp 119-140
# Joint residence, because it allows them to continue their
relationship with both parents is what children want and generally
ask for. The sole residence children in responding to the question,
With whom would you have wanted to live after the divorce? by
saying, With both.
Abarbanel A. Shared Parenting After Separation and Divorce: A
Study of Joint Custody. 49 American Journal of Orthopsychiatry
(1979) pp 320-329
Luepnitz D A. Child Custody: A Study of Families After Divorce.
Lexington Books, Massachusetts (1982)
# We have yet to read a study that concludes children prefer
their parents to go their separate ways than to stay together––even
when the domestic atmosphere is tense. The work undertaken so
far suggests that the ready accessibility of the non–resident
parent, is likely to be of considerable value in assisting children
come to terms with the reality of their changed predicament and
in keeping both parents alive for them.
Hetherington E M, Cox M, Cox R. Effects of Divorce On Parents
and Children. In M E Lamb (Editor), Non-traditional Families:
Parenting and Child Relationships. Lawrence Erlbaum, Hillsdale,
New Jersey (1982) pp 223–288
Hetherington E M, Hagan M S. Divorced Fathers, Stress, Coping,
and Adjustment. In M E Lamb (Editor), The Fathers Role: Applied
Perspectives. John Wiley, New York (1985) pp 103–134
Warshak R A. Father Custody and Child Development: A Review
and Analysis of Psychological Research. 4 Behavioural Science
and The Law (1986) pp 185–202
Warshak R A. The Custody Revolution: The Father Factor and The
Motherhood Mystique. Simon, Schuster, New York (1992)
Braver S L, O’Connell D. Divorced Dads: Shattering The
Myths. Tarcher/Putnan, New York (1998)
Shared parenting saves marriages.
Family law can be summarised by the saying “if you get
the kids, you get everything!” The house, any other assets
including the super, and ongoing tax-free CSA payments. In Australia,
over two thirds of divorces are initiated by the woman, partly
because she rarely has anything to lose. Shared parenting means
the assets and money are split. This removes the incentives for
a women to divorce her husband and thus decreases divorce rates.
We have found three citations to this difficult to research fact.
There is a significant correlation between joint physical custody
awards and reduced divorce. A parent who expects to receive sole
custody is more likely to file for divorce than one who may be
awarded shared custody. Sole custody allows one parent to hurt
the other by taking away the children, and usually involves higher
child support payments.
Richard Kuhn and John Guidubaldi, "Child Custody Policies
and Divorce Rates in the U.S.," 11th Annual Conference of
the Children's Rights Council October 23-26, 1997. Washington,
D.C.
The same correlation between joint physical custody awards and
reduced divorce has been found independently. Fathers are more
likely to form strong bonds with children if they know that their
relationship would be protected through joint physical custody
in the even of a divorce. This would reduce the likelihood that
fathers would initiate divorce.
Margaret F. Brinig and F.H. Buckley, "Joint Custody: Bonding
and Monitoring Theories," 73 Indiana Law Journal 393 (1998).
The parent who receives custody is more likely to be the one
who files for divorce. That is, among cases where the mother received
custody, the mother usually filed for divorce, and where the father
received custody, the father was more likely to be the one who
filed. They concluded that filing behaviour is largely driven
by attempts to “exploit the other partner through divorce.”
Margaret F. Brinig and Douglas W. Allen. "These Boots are
Made for Walking: Why Wives File for Divorce," Canadian Law
and Economics Association Meeting, 1998.
Men want more time with their kids, but know they won’t
get it.
Far from being ‘deadbeat-dads’, most fathers want
to be actively involved with their children before and after divorce.
Official Family Court documents understate father’s real
desires because there is little point in fighting for more time
than your legal advice says is likely. It is also it is very expensive
and painful.
We have found 15 citations to published research showing that
fathers want to spend more time with their children than they
achieve.
Statistics published by the Family Court of Australia show that
only 2.5% (329) of residence orders were for joint residence.
Commonwealth of Australia (2003). Every picture tells a story:
Report on the inquiry into child custody arrangements in the event
of family separation. Canberra: House of Representatives Standing
Committee on Family and Community Affairs. p.22.
“in cases where there is any degree of conflict between
the parties (family court) judges had not embraced the concept
of shared parenting.” [Editor’s note: Now, think about
that for a moment… the Family Court is a still a court...
who goes to court unless there is conflict?]
The 14th Annual Family Law Masterclass Conference, Sydney, 10
May 2005 RECENT DEVELOPMENTS IN SHARED PARENTING AND JOINT CUSTODY,
A Personal View From the Court. JUSTICE ALWYNNE ROWLANDS AO.
# The advantages of joint residence provides specific
advantages for each parent
Luepnitz D A. (1982). Child Custody: A Study of Families After
Divorce. Lexington Books, Massachusetts
Hanson S M H (1985). Healthy Single Parent Families. 35 Family
Relations pp 125-132
# Post divorce can mean that fathers spend even less time with
their children. An Australian survey of 10,000 divorced fathers
revealed that 80% were advised by their lawyers that applying
for residency would be a waste of money as the family court would
refuse their request.
Abernathy M. (April 1993) Paternity Wars In Australia, Divorce
Is A Battle Men Can’t Win. Australian Penthouse, at 106-107.)
# The typical Australian family has the mother working part-time,
and the father working overtime. Bureau of Statistics figures
show that Australian dads do 23hrs a week more paid work than
Australian mothers. Figures commissioned by the author from the
Australian Bureau of Statistics, 2005.
"You would be shocked how many men say, `I didn't know I
had a child until I got these court papers,'... And, when they
find out, almost all of them take steps to become involved in
their child's life, even if it's years after the child was born.
"Fathers should not be portrayed as generally not caring,
because they're not," he says. "When you're talking
about deadbeats, I think it's important to know that many, many
guys are completely cut out, because they were never told they
were the father and then, when they find out that they are the
father, they want to start a relationship with the child."
Harvey Brownstone (family court judge, North York Canada) quoted
in ”Put kids first, judge tells parents His family court
sees conflicts daily Complex reasons why dads absent” ANDREA
GORDON, Toronto Star newspaper, Jan. 16, 2006 http://www.thestar.com/NASApp/cs/ContentServer?pagename==thestar/Layout/Article_Type1&c==Article&cid=
37365412343&call_pageid=–8867495754&col=–9483191630
# A third of fathers work more than 50hrs a week. Two thirds
of fathers believe they did not spend enough time with their kids.
Paid work was often cited as the major barrier to spending time
with their kids.
Fitting Fathers Into Families: Men and the Fatherhood Role in
Contemporary Australia, Department of Family and Community Services.
Commonwealth of Australia 1999 ISBN 0 642 39934 4
# Studies have shown that around 50% of children from sole mother
custody families see their fathers once or twice a year or less.
Guidubaldi J. Differences In Children's Divorce Adjustment Across
Grade Level and Gender: A Report From the NASP-Kent State Nationwide
Project. In Wolchik, Karoly (Editors), Children of Divorce: Perspectives
and adjustment. Lexington Books, Lexington, MA (1989) pp 185-231.
Furstenberg F, Nord C, Zill N. The Life Course of Children of
Divorce: Marital Disruption and Parental Contact. 48 American
Sociological Review (October 1983) pp 656-668.
See also:
Furstenberg F F, Nord C W. Parenting Apart: Patterns of Childrearing
After Marital Disruption. 47 Journal of Marriage and The Family
(1985) pp 893-904
# The reason why so many children see their fathers so rarely
is because father’s parenting efforts are thwarted by restrictions
imposed by custodial mothers or gender biased court orders. The
most frequent reason for fathers' disengagement (90%) was obstruction
of paternal contact by the child's mother and her desire to break
contact between father and child. Fathers also mentioned that
they ceased contact because of their inability to adapt to the
constraints of the visiting situation (33%). Regardless of interpretation
of motives, the fact remains that sole maternal custody relates
strongly to ultimate father absence.
Kruk E. Psychological and Structural Factors Contributing To
The Disengagement of Non Custodial Fathers After Divorce. 30(1)
Family and Conciliation Courts Review (January 1992) pp 81-101.
# Joint resident fathers had a much higher self-esteem than
fathers receiving sole residence. Further, the fathers with joint
residence reported much more contact time with their children
and higher overall satisfaction with their parenting status.
D'Andrea A. Joint Custody Fathers: Parental Involvement and Paternal
Self- Esteem As Related To Custody Status. Dissertation Abstracts
International, 42B 2048, Order Number, AAC8124385 (1981)
# The typical custody order is where the non-custodial parent
spends four days a month with the children. Sadly, reality is
that most children of divorce rarely see their fathers. Internationally
the rate of paternal disengagement is well documented. It is estimated
that over one half of non-resident divorced fathers in the USA
gradually lose all contact with their children.
Furstenburg et al. The Life Course of Children of Divorce; Marital
Disruption and Parental Contact. 48 American Sociological Review
(1983) pp 656-668
Lund M. The Non Custodial Father; Common Challenges In Parenting
After Divorce. In C Lewis, M O'Brien (Editors), Reassessing Fatherhood.
Sage (1987) at pp 212- 224
# 42% of Australian children in sole residence had contact with
their other natural parent just once a fortnight, while 36% had
contact with their other natural parent either rarely (once per
year, or less often) or never.
Australian Bureau of Statistics 1997. Children, Australia: A
Social Report. Australian Bureau of Statistics. Catalogue 4119.0
