Gender Issues in Family Law

The impact of gender on decision-making in Australia’s family law system

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ISBN/ISSN: 9780409353877
Release Date: December 15, 2023
AUD$ 182.00

Product description

There is no comprehensive analysis of the impact of gender in decision making ‘inside’ or ‘outside’ of Australia’s family law system. Gender Issues in Family Law fills that gap. It primarily serves to provide practical guides and assistance to key players and decision makers in family law such as lawyers, family consultants who are typically psychologists or social workers, family dispute resolution practitioners and even judicial officers like registrars and judges.


• explores the interaction between gender and family law in Australia
• draws on different schools of feminist and legal analysis to identify the underlying ideologies and demonstrate the use of gendered stereotypes and assumptions and any consequential bias for or against men and women
• chronicles the changes in Anglo-American custody law from near-absolute paternal rights to a maternal presumption and then to the current ‘best interests of the child’ principle
• looks at case law and legislation and focuses on the different factors used to determine best interests of a child in parenting cases such as conduct and fault, sexuality and sexual preference, family violence and the parenting ability and availability of competing parents
• contains a large section on current legislation and reported Australian case law as well as some influential Canadian and English decisions
• examines the relevance of gender in the context of mediation which is now a popular and entrenched method of alternative dispute resolution in the Australian family law system

Related Titles

• Serisier, Practising Family Law, 4th edition
• Chisholm,Christie and Kearney, Annotated Family Law Legislation, 5th edition
• Eastel, Women and the Law in Australia, 1st edition


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Table of contents

  • Chapter 1: Why Family Law?

  • Chapter 2: What is Gender Bias?

  • Chapter 3: Feminism and Family Law

  • Chapter 4: Parenting and Children’s Issues

  • Chapter 5: Fathers and Fathering

  • Chapter 6: Property Settlement – Facing the Facts

  • Chapter 7: Property Settlement – Are the Courts Paying Attention?

  • Chapter 8: Mediation

  • Chapter 9: What Kind of Family Law Do We Want?