Time, Law and Families: How Concepts of Time Influence Parenting Decisions in Family Law

Abstract

Our society is constantly changing and evolving as is the notion of time and the ideology of the family. The notion of time is a concept, which can be complex and problematic in its function, particularly in the area of family law. Time is a factor that is focused on and often obsessed over by parents. It is used as a proxy to try and resolve the overriding and much more difficult question of the best interests of the child and the best way to parent the child in that regard. There have been significant developments within the 'Family Law Act 1975' (Cth)1 and the area of Family Law as a whole since the 'Family Law Act 1975' (Cth)2 was enacted. As the amendments have occurred the concept of time has become even more engrained in the area. The most recent of these amendments and arguably the most significant was the 'Family Law Amendment (Shared Parental Responsibility) Act 2006' (Cth).3 This thesis considers the concept of time as an issue in our family law system and how time is used. Consideration is given to time as a function in its own right and what it means to our daily lives. This thesis shall explore the reasons behind the 2006 amendments coming into effect and the amendments this made to the 'Family Law Act 1975' (Cth)4 in relation to the notion of time within family law. Consideration will then be given to the various case law, which has been determined, both prior to and succeeding the 2006 amendments, to ascertain whether these amendments have altered the decisions made by the Family Court judges, where children are ordered to spend time with their parents.