The Equal Parent Presumption: Social Justice in the Legal Determination of Parenting After Divorce
Subject
: Custody of children, Children of divorced parents – Legal
status, laws,Divorce – Law and legislation, Parent and child
(Law), Parenting, Social justice, Legal Determination
Publisher
: McGill-Queen's University Press
Summary :The subject of this book has been a preoccupation of mine since
1985. At that time, I embarked on PhD research examining why
so many fathers became disengaged from their children’s lives
after divorce. My conclusion was that a legal decree of shared
parenting would be the most effective measure to prevent what
was in effect legally sanctioned parental alienation after divorce.
Since that time, children’s relationships with their parents generally
have continued to erode in Canada – the result of misguided
child and family policies – much to the detriment of children’s
well-being and healthy development.
Since that initial foray into divorce research, I have expanded
my research focus to include mothers and children of divorce,
divorce practitioners, and the impact of family law in the realm
of contested child custody. The people who have assisted me in
this lifetime effort are far too numerous to name, and I restrict
myself to acknowledging those who have contributed to this
book’s development in the recent past.
First and foremost, thanks to legal scholar Natalie Nikolina of
the Utrecht University School of Law, and to the entire international
network of shared parenting scholars organized by
Alexander Masardo at the University of Birmingham. Natalie’s
article, “The Influence of International Law on the Issue of
Co-Parenting,” was discussed by this group, and set the stage for
the development of the first chapters of this book. I owe her a debt for her assistance in critiquing earlier drafts of this book,
and for helping me to clarify key points. Her perspective as a
scholar of international family law inspired me to set aside dominant
discourses and antiquated thinking about child custody in
favour of a new paradigm, that of co-parenting after divorce,
which clarifies the meaning of “equal parenting.”
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