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Mavis MacLean, Senior Research Fellow from the Dept for Social Policy and Intervention at Oxford University, spoke on Woman’s hour last week, opposing Brian Binley’s private members Bill on Shared Parenting. She based her opposition to it on the experience in Australia, where Joint Parental Responsibility was introduced in 2006. This made for poorer outcomes for children, she said, and a Bill (the Family Violence Bill) is currently going through the Australian Parliament, which would amend it. Mavis MacLean’s views have been very influential in persuading the UK Family Justice Review that any presumption of shared parenting would not be a good idea in UK.

So, where does this come from? There is overwhelming evidence going back 20 years about the benefits to children of significant involvement of both parents post-separation. What new evidence is there to overturn this? Apparently, it’s a paper which Mavis Maclean has published, based on the Australian experience. In an interview in July 2010, she cautioned against responding too readily to fathers’ groups who claim they are getting a rough deal, and she cited the case of a father locked in a custody battle who threw his children to their death off a bridge in Melbourne.

So, should the Australian experience, as reported in this paper, inform UK law?

For a start, a single paper should not overturn the vast body of sound research showing shared parenting to be beneficial to children.

Then, a closer look at the researchers is important. As well as being a researcher, Mavis MacLean is also a lawyer, although she does not mention that in her CV. A co-author of the paper is Professor Belinda Fehlberg, from the University of Melbourne. A little digging reveals that she too is a lawyer, as well as an academic. She is a solicitor and barrister (date of entry 10/8/04). Of the 2006 Australian legislation she says this: “The consistent message is that shared parenting is being used in a way that is harmful to children.”

Lawyers have a vested interest in perpetuating litigation. Would you ask a turkey about Christmas? Then don’t ask a lawyer about law reform. Some have criticised this paper as opinion masquerading as research. MacLean’s citing of the Melbourne bridge tragedy is unworthy of an academic: it is one instance; it does not take account of the many instances of mothers killing their children, or the part which the law itself plays in such tragedies: denying loving parents a part in their children’s lives can drive them insane, and insane people do insane things.

Fehlberg’s support for the Bill which is going through Parliament is far from universal. George Christensen, MP for Dawson, speaks powerfully against it, and against the feminist ideology which underpins it, in this debate in parliament. He speaks eloquently and in a much more direct way than some of our politicians do, and this clip makes for informed and entertaining listening.

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