Legislating to promote children's welfare and the quest for certainty [2012] CFLQ 158

The government's recent response to the Family Justice Review report expressed support for legislative change to encourage shared parenting where this is safe and in the child’s best interests. At the same time, the Australian parliament has enacted legislation designed to clarify confusion created by similar reforms passed in 2006. This article explores the potential lessons for policymakers of Australia’s experience of these reforms, including the dangers of sending mixed messages, and canvasses alternative pathways to achieving positive outcomes for children.