Lawrie Moloney's research while affiliated with Australian Institute of Family Studies and other places

Publications (51)

Book
This report explores the behaviour of separated parents by exploring the psychology of post-separation parental disputes and then interrogating three independent data sets to see what further insights they provide on the issues. The data sets are drawn from: the Caring for Children after Parental Separation study (CFCAS; longitudinal Australian d...
Article
The RFV Study indicated that the 2012 family violence amendments were perceived positively by a majority of family law system professionals, with strongest support evident among non-legal professionals compared with lawyers and judicial officers and registrars. While there was a greater emphasis on identifying family violence and child abuse, the S...
Technical Report
Full-text available
The report presents the findings of the Evaluation of the 2012 family violence amendments. This Evaluation examines the impact of amendments to the Family Law Act Cth 1975 (Cth) that came into effect in 2012 and were intended to support safer parenting arrangements for children. The report synthesises the findings from three separate components of...
Article
Full-text available
Central to Government’s strategy for separating families is the management and resolution of disputes away from courts and litigation processes wherever this is achievable. A key group of players in facilitating this vision are workers within the wide range of women’s services. This study surveyed workers at a number of Victorian women’s services t...
Article
In this article, we articulate the “world view” from which the theory of transformative mediation (TM) derives. We differentiate TM from other mainstream approaches and describe the role of the transformative mediator. We note some world view similarities between TM and humanistic psychology and conclude by speculating on the possible place of TM i...
Article
As in other Western countries, Australian society has changed considerably over the past 50 years, creating demands for shifts in family-related policies, practices and legislation. The social sciences have played an important role in this process by monitoring changes, informing the development of appropriate responses and assessing the effectiven...
Article
In Australia, there has been considerable interest in recent years in the policy and practical implications of sharing parental care and responsibilities after separation - concepts that have culminated in the Family Law Amendment (Shared Parental Responsibility) Act 2006. While there is now good information on the prevalence, demography and dynami...
Article
Community-based mandatory family dispute resolution (more generically known as family mediation) is a central plank of the 2006 changes to the Australian family law system. This paper provides an overview of the data on family dispute resolution from the Australian Institute of Family Studies’ evaluation of the 2006 changes. It reports on usage rat...
Article
Since 1 July, 2007, under provisions linked to the Australian Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth), separated and divorced couples in dispute about future parenting arrangements have, with some exceptions, been required to make a bona fide attempt at mediation (known under the legislation as family dispute resolution...
Article
In this paper, I consider the nature of the problem that Family Relationship Centres (FRCs) are attempting to address. Next, I suggest a typology of postseparation disputes, the purpose of which is to link families to the services that best suit their needs. I then posit reasons why the success of FRCs will inevitably depend on their recognition in...
Article
In June 2009, the Commonwealth Attorney General announced a Family Relationship Centres/ Legal Assistance Partnerships Program, (the ‘Better Partnerships’ program) the aim of which was to assist separated or separating families, ‘by providing access to early and targeted legal information and advice when attending Family Relationship Centres’ (McCl...
Article
This article examines continuity and change in post-separation patterns of parenting across a three-year time span. We analyse longitudinal data from two recent Australian studies: the Household, Income and Labour Dynamics in Australia (HILDA) Survey; and the Caring for Children after Parental Separation (CFC) Project. Mother-residence was found to...
Article
Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community-based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiv...
Article
In June 2009, the Commonwealth Attorney General in Australia announced a Family Relationship Centres/ Legal Assistance Partnerships Program, (the “Better Partnerships” program). Its aim was to assist separated or separating families, “by providing access to early and targeted legal information and advice when attending Family Relationship Centres”...
Article
As a centrepiece of Australia's 2006 family law reforms, the community-based Family Relationship Centres (FRCs) represented a major development in the Government's commitment to incorporate family relationship services into its family law system. This paper sees FRCs as a logical development of the original conceptualising the Family Court of Austr...
Article
Full-text available
Overall, a higher percentage of respondents in LSAC than HILDA referred to the experience of one or more life events in the previous 12 months (70% vs 50%). This trend may be partly explained by the fact that the experience of many of the events listed in each survey would be age-related (an issue examined below) and more generally feasible for LSA...
Article
This large-scale, national study of parents who had separated after the 2006 family law reforms were introduced suggests that traditional care-time arrangements, involving more nights with the mother than father, remain the most common some 15 months after separation. In fact, approximately 80% of the children spent 66-100% of nights with the mothe...
Article
Children have largely been absent from or on the periphery of mediation processes in postseparation parenting disputes. An accompanying paper (Moloney & McIntosh, 2004) canvasses a number of reasons why this may be the case. Moloney and McIntosh draw a distinction between child-focused and child-inclusive practice, provide a definition of both, and...
Article
In 2006, the Australian Government, through the AttorneyGeneral's Department (AGD) and the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), commissioned the Australian Institute of Family Studies (AIFS) to undertake an evaluation of the impact of the 2006 changes to the family law system: Evaluation of the 2006...
Article
The Australian family law system has generally not aimed to provide services to assist separated parents to discuss child support matters directly with each other. In this article we suggest that in an increasingly complex social landscape of diverse family forms and parenting arrangements, some families would benefit from facilitated joint discuss...
Article
In summary, the evaluation found that the family law system has some way to go In achieving effective practice in the area of family violence. The data demonstrate that family violence Is a complex phenomenon, reinforcing the need for strategies based on case-by-case assessments rather than a "one-slze-ñts-all" approach. Family violence Is common a...
Article
This is one of four papers in the present issue of JFS on the concept of 'meaningful relationships' between separated parents and their children. The term was introduced into the 2006 amendments to the Family Law Act 1975 (Cth)[1], which also endorses the concept of shared parental responsibility and, when practicable and in the interests of the ch...
Article
In this article I address the issue of support for decision making in cases of alleged violence in Australian family courts. I focus first on results from a 2007 Australian Institute of Family Studies Research Report, which examined cases of violence and abuse alleged prior to the implementation of the Commonwealth Government's 2006 Family Law Amen...
Article
In Australia, there has been considerable interest in recent years in the policy and practical implications of sharing parental care and responsibilities after separation concepts that have culminated in the Family Law Amendment (Shared Parental Responsibility) Act 2006 While there is now good information on the prevalence, demography and dynamics...
Article
Central to Government's strategy for separating families is the management and resolution of disputes away from courts and litigation processes wherever this is achievable. A key group of players in facilitating this vision are workers within the wide range of women's services. This study surveyed workers at a number of Victorian women's services t...
Article
This address to the 2005 International Forum on Family Law, held at Parliament House, Canberra, attempts to capture the essence of two important initiatives - the creation of Family Relationship Centres and the development of nonadversarial litigation processes. The particular focus is on why these initiatives are so important for children and the...
Article
This article considers two transcripts, illustrating that children are often wiser than we imagine. The transcripts also reveal that tapping into this wisdom involves considerable openness and skill on the part of the adult listener and brings with it a considerable degree of adult responsibility. This, in turn, has implications for child-inclusive...
Article
This paper is based upon a keynote address I delivered to the 2000 Australian Family Therapy Conference. The address invited conference participants to reflect on the functional or ‘provider’ roles so often assigned to men as partners and fathers. I link socio-historical observations about the construction of gender-based roles, with personal exper...
Article
In this article I utilise developing ideas in family law as a backdrop against which to discuss changing assumptions about parenting. In particular, I examine the gender-neutral assumptions within family law in Australia and elsewhere in the light of seemingly contradictory evidence about the value of post-separation fathering. That men were equall...

Citations

... The concept may be difficult for some mothers to accept and may be experienced as a loss. Fathers on the other hand may have recently embraced the idea of sharing the parenting or see it as normal and therefore the expected outcome (see Moloney, Smyth, Richardson, & Capper, 2016). ...
... It is possible that these indicators vary substantially over time, such as during spells of unemployment triggering economic strain (Masarik & Conger, 2017) or depending on the duration since separation or divorce (Lin et al., 2019;Luhmann et al., 2012). Physical custody arrangements, such as SPC, have also shown to evolve over time because parents may re-negotiate and alter schedules of children's commutes between their residences depending on their experiences and needs (Poortman & van Gaalen, 2017;Smyth & Moloney, 2008). These issues highlight the need for-so far sparse-targeted and fine-grained longitudinal data to track temporal dynamics in SPC and other physical custody arrangements upon union dissolution, and its associations with parental well-being. ...
... It is then, relatively standard for these kinds of longitudinal studies to consider and measure a range of life events labels representing change and upheaval, that could broadly be labelled as 'negative'. These include forms multiple examples of injuries and accidents, death and adjacent experiences, drought as well as disasters, various forms of victimisation, experiences of violence, the impacts of addiction, and impacts of incarceration (see Baxter et al. 2012;Qu et al., 2012;Moloney et al., 2012), as well as the design and implementation of life event scales that represent the experience of First Nations peoples (Kowal et al., 2007;Stevens and Paradies, 2008;Askew et al., 2013;Young et al., 2018). ...
... This arrangement can be stressful and has been linked to decreased child well-being, as it can exacerbate social, emotional, psychological and physical health issues associated with parental separation (Gilmore, 2006;Fehlberg et al., 2011;Baude et al., 2016;Smyth et al., 2016;Boertien et al., 2017;Lehtme & Toros, 2019). Children's needs are often overlooked during divorce, as the focus tends to be on the equal rights of the parents (Mason, 2002;Jensen, 2009;Harris-Short, 2010;Haugen, 2010;Kaspiew et al., 2011). Parents also worry about the negative consequences of divorce and unstable custody arrangements (Smyth et al., 2003;McIntosh et al., 2011;Hurwitz, 2016). ...
... In terms of the resources required to meet the spike in demand, it is useful to briefly review what we have learned in Australia about post-separation parental relationships and about the main pathways used to make post separation parenting decisions. Though COVID-19 has created raised levels of anxiety, sometimes in the face of parenting and economic issues that have not been faced before, a plausible working assumption based on earlier data (see Kaspiew et al., 2010) is that positive family dynamics will continue to assist separated parents and children whereas negative or dysfunctional dynamics will be associated with the need for more intensive facilitation, advice, specialized referral or adjudication. Table 1 below summarizes relatively recent post separation data gathered over a six-year period on parents' own reports of the quality of their relationships with former partners at discreet times after separation. ...
... The Swedish frequency of JPC is high in comparison with other countries [4], but the practice is also increasing in other Western countries. It now accounts for about 16 per cent of the children with separated parents in Australia [6], nine to 15 per cent in Canada [7], nine to 17 per cent in the UK [3] and around 20 per cent in the USA, Denmark and The Netherlands [8][9][10]. ...
... Children's care time arrangements varied systematically according to their age. Using the LSSF w1 data, Weston et al., (2011) reported that shared time was more common for children of primary school age than for other children of younger and older ages. Children under three years of age were more likely than older children to have daytime only with their father. ...
... ParentCorps is a multi-component school-based preventive intervention that promotes early childhood mental health and development; it was built on an extensive body of cross-cultural parenting and child development research [16][17][18][19][20][21][22][23]. ParentCorps includes two components to support teachers and families to create environments that are safe, nurturing, and predictable for children: ...
... The evidence for this comes from a number of studies of cross generational relationships (for example Werner, Buchbinder, Lowenstein, & Livni, 2005) and of divorced parents, where the literature agrees that maternal grandparents are more likely to maintain contact with their grandchildren than paternal grandparents (Centre for Community Child Health, 2010; Deblaquiere, Moloney, & Weston, 2012;Doyle, O'Dywer, & Timonen, 2010;Families Australia, 2007;Qu et al., 2011;Soliz, 2008). Where the father is non-resident he is less likely to have contact with his children, and his parents are even less likely to be able to maintain contact with their grandchildren (Ochiltree, 2006). ...
... Although not all parents who engage with the DVO court process will also have a FLO, the consideration of the role of children is important because mutual children keep many aggrieved and respondent parents connected post separation (Dowling et al., 2018;Logan & Walker, 2009;Reeves, 2020;Thiara & Humphreys, 2017). Between 93 and 97% of fathers in nationally representative parent samples (Kaspiew et al., 2015) and 80% of fathers in a DV specific study sample (Humphreys et al., 2019) reported ongoing contact with children post separation from the aggrieved parent, potentially exposing the aggrieved and children to more violence (Hays et al., 2021). Despite this continued contact, and research acknowledging how contradictions between DVOs and FLOs create issues for aggrieved parents, particularly mothers (Douglas, 2018), there is a paucity of research on how DVO court proceedings deal with the complexities around child contact, custody and parental responsibilities. ...