Lawrie Moloney
Biographic Data
| ID | 4974089 |
|---|---|
| NAME | Lawrie Moloney |
| GIVEN NAMES | Lawrie |
| FAMILY NAME | Moloney |
| SIGNATURE | MOLONEY L |
| AFFILIATIONS | La Trobe University |
| VERIFIED | No |
| TOTAL WORKS | 44 |
| TOTAL CITATIONS | 40 |
| WORKS AS AUTHOR | 44 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1986 |
| LATEST PUBLICATION YEAR | 2013 |
| H-INDEX | 3 |
From Helping Court to Community‐Based Services
As a centrepiece of A ustralia's 2006 family law reforms, the community‐based F amily R elationship C entres ( FRCs ) represented a major development in the Government's commitment to incorporate family relationship services into its family law system. This paper sees FRCs as a logical development of the original conceptualising the Family Court of A ustralia as a “helping court”. The paper suggests that the aspiration to create a helping court w…
Evaluating the work of Australia's Family Relationship Centres
Family Relationship Centres ( FRCs ) have been described as a centerpiece of A ustralia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRC s' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on …
Intervening in post-separation parenting disputes
Prior to the last quarter of the 20th century, the rules governing decisions about post-separation parenting disputes, though often formally couched in terms of the interests of the children, were brutally simple. Until roughly the turn of the 19th century, the law endorsed the principle of paternal 'ownership' of children, a concept derived from Roman law. This period, for example, saw cases in English divorce courts in which the law required ju…
Key social issues in the development of Australian family law
Key social issues in the development of Australian family law
As in other Western countries, Australian society has changed considerably over the past 50 years, creating demands for shifts in family-related policies, practices and legislation. The social sciences have played an important role in this process by monitoring changes, informing the development of appropriate responses and assessing the effectiveness of such responses. In this article, we briefly explore four key social changes that have had a p…
The Family Relationship Centre Legal Assistance Services Partnerships Program
Families and flux 1
In making his well-known observation that an individual cannot step twice into the same river, Heraclitus was pointing to the paradox that although they may have acquired names or other forms of recognition, all things are in a state of flux. Throughout history, human beings have bonded together in family units that also typically have names or other forms of recognition. But like a river, each family group is changing from moment to moment--some…
The Family Relationship Centre Legal Assistance Services Partnerships Program
In June 2009, the Commonwealth Attorney General announced a Family Relationship Centres/ Legal Assistance Partnerships Program, (the ‘Better Partnerships’ program) the aim of which was to assist separated or separating families, ‘by providing access to early and targeted legal information and advice when attending Family Relationship Centres’ (McClelland, 2009). The present paper contextualizes this significant shift in policy and practice. It th…
Family self-reliance and the delivery of appropriate family services
It is no exaggeration to say that the American, and more broadly the Western, family changed more dramatically in the latter half of the twentieth century than in any comparable span of time in our history. (1) My parents, whose childhoods were lived in the shadow of the Great Depression, had few expectations regarding the provision of family services. During the 1950s and 1960s, the only family service I recall my mother using was that provided …
Family mediation
I want to know if you are willing, to live day by day with the consequences (love and the bitter unwanted passion of your sure defeat ... --David Whyte (2) Those who offer professional assistance in complex and emotionally charged post separation parenting disputes may have been surprised to read the results of the Australian Institute of Family Studies (AIFS) survey of just over 10000 parents who had separated after the 2006 family law reforms. …
Beyond the formula
The Australian family law system has generally not aimed to provide services to assist separated parents to discuss child support matters directly with each other. In this article we suggest that in an increasingly complex social landscape of diverse family forms and parenting arrangements, some families would benefit from facilitated joint discussions about workable financial solutions to questions of ongoing parenting obligations – solutions th…
Goodenough 1 parenting. Progress, policy, and caution
(2010). Goodenough1 parenting. Progress, policy, and caution. Journal of Family Studies: Vol. 16, No. 2, pp. 96-100
Family formation and family transition
Unlike today, what used to be called law was mainly about law. Obtaining a was complex and expensive. But a set of legal principles existed that could be applied once the facts had been established. Divorce laws themselves reflected largely unchallenged social certainties about marriage and society, and the legal consequences of could be serious for one of the parties. A winner takes all result was a distinct possibility with respect to property …
Mandatory dispute resolution and the 2006 family law reforms
Community-based mandatory family dispute resolution (more generically known as family mediation) is a central plank of the 2006 changes to the Australian family law system. This paper provides an overview of the data on family dispute resolution from the Australian Institute of Family Studies’ evaluation of the 2006 changes. It reports on usage rates of family dispute resolution as well as immediate and medium term outcomes, perceived pathways to…
Being in the room
Since 1 July, 2007, under provisions linked to the Australian Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth), separated and divorced couples in dispute about future parenting arrangements have, with some exceptions, been required to make a bona fide attempt at mediation (known under the legislation as family dispute resolution [FDR]), before being permitted to put their dispute before a court. While the effectiveness of mand…
Meaningful relationships’ in the Family Law Act Amendments of 2006
This is one of four papers in the present issue of JFS on the concept of 'meaningful relationships' between separated parents and their children. The term was introduced into the 2006 amendments to the Family Law Act 1975 (Cth),2 which also endorses the concept of shared parental responsibility and, when practicable and in the interests of the child, shared parenting time. The present paper explores some of the socio-legal antecedents to these co…
Meaningful relationships’
A core assumption in the legislation is that a child's needs and attachments are likely to be enhanced by supporting child-sensitive decision-making or dispute-management processes as well as post- separation parenting arrangements that promote the continuation of a meaningful relationship between each parent and each child. It is, of course, self-evident that meaningful relationships need time - although perhaps the bottom line is that when the …
Changes in patterns of post-separation parenting over time
In Australia, there has been considerable interest in recent years in the policy and practical implications of sharing parental care and responsibilities after separation – concepts that have culminated in the Family Law Amendment (Shared Parental Responsibility) Act 2006. While there is now good information on the prevalence, demography and dynamics surrounding different patterns of parenting after separation, not a great deal is known about the…
Family violence
One of the many difficulties in researching and responding to family violence is that its causes, its context and its impacts are rarely easy to define. Since the 1970s much of the theorising about violence has been about men's sense of entitlement, driven in turn by an essentially patriarchal culture. This theorising remains an important part of the picture. But a growing body of research based on population studies rather than clinical samples,…
Eight-year-old Samantha reflects on JFS 14(1)
In introducing the papers in this issue, the Editor imagines a child's perspective on the material. (non-author abstract)
Violence allegations in parenting disputes
In this article I address the issue of support for decision making in cases of alleged violence in Australian family courts. I focus first on results from a 2007 Australian Institute of Family Studies Research Report, which examined cases of violence and abuse alleged prior to the implementation of the Commonwealth Government’s 2006 Family Law Amendment (Shared Parental Responsibility) Act (the reforms). A key finding of the Report was that altho…
Changes in patterns of post-separation parenting over time
This article examines continuity and change in post-separation patterns of parenting across a three-year time span. We analyse longitudinal data from two recent Australian studies: the Household, Income and Labour Dynamics in Australia (HILDA) Survey; and the Caring for Children after Parental Separation (CFC) Project. Mother-residence was found to be the most common and the most stable pattern. Though far less common, father-residence also appea…
Family practice and research
Following the excitement and optimism of The Enlightenment, the early twentieth century saw a gradual return to a recognition that, in human affairs, even recommendations based on 'evidence' and 'reason' were inevitably influenced by culturally governed perceptions that were in turn subject to personal and frequently opaque motivations. In Civilisation and its Discontents, for example, Freud (1930) makes a very flank admission about his own strug…
Forgotten children
Child-Sensitive Practices in High-Conflict Parenting Disputes
This address to the 2005 International Forum on Family Law, held at Parliament House, Canberra, attempts to capture the essence of two important initiatives - the creation of Family Relationship Centres and the development of nonadversarial litigation processes. The particular focus is on why these initiatives are so important for children and the postseparation environment of their parents
Changes in patterns of post-separation parenting over time
This article examines continuity and change in post-separation patterns of parenting across a three-year time span. We analyse longitudinal data from two recent Australian studies: the Household, Income and Labour Dynamics in Australia (HILDA) Survey; and the Caring for Children after Parental Separation (CFC) Project. Mother-residence was found to be the most common and the most stable pattern. Though far less common, father-residence also appea…
Child-Responsive Practices in Australian Family Law
This paper considers key systemic issues that have to date constrained the hearing of children’s voices in both litigation and mediation processes in Australian family law. It is proposed that the time is now right for child-focused and child-inclusive approaches, described in this and previous publications, to become the default position in mediated disputes over children following separation. The application of child-inclusive practice to non-a…
Being in the room
Since 1 July, 2007, under provisions linked to the Australian Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth), separated and divorced couples in dispute about future parenting arrangements have, with some exceptions, been required to make a bona fide attempt at mediation (known under the legislation as family dispute resolution [FDR]), before being permitted to put their dispute before a court. While the effectiveness of mand…
Violence allegations in parenting disputes
In this article I address the issue of support for decision making in cases of alleged violence in Australian family courts. I focus first on results from a 2007 Australian Institute of Family Studies Research Report, which examined cases of violence and abuse alleged prior to the implementation of the Commonwealth Government’s 2006 Family Law Amendment (Shared Parental Responsibility) Act (the reforms). A key finding of the Report was that altho…
Key social issues in the development of Australian family law
As in other Western countries, Australian society has changed considerably over the past 50 years, creating demands for shifts in family-related policies, practices and legislation. The social sciences have played an important role in this process by monitoring changes, informing the development of appropriate responses and assessing the effectiveness of such responses. In this article, we briefly explore four key social changes that have had a p…
Beyond the formula
The Australian family law system has generally not aimed to provide services to assist separated parents to discuss child support matters directly with each other. In this article we suggest that in an increasingly complex social landscape of diverse family forms and parenting arrangements, some families would benefit from facilitated joint discussions about workable financial solutions to questions of ongoing parenting obligations – solutions th…
Government’s Response to the Family Law Maze
In this paper, I consider the nature of the problem that Family Relationship Centres (FRCs) are attempting to address. Next, I suggest a typology of postseparation disputes, the purpose of which is to link families to the services that best suit their needs. I then posit reasons why the success of FRCs will inevitably depend on their recognition in the community as the default service for separation-related disputes. Next, I pay some attention to…
Child-Focused and Child-Inclusive Mediation
n\t\t\t\t\tChildren have largely been absent from or on the periphery of mediation processes in postseparation parenting disputes. An accompanying paper canvasses a number of reasons why this may be the case. The present paper goes on to describe a current prospective study of outcomes for families utilising these two different forms.of mediation: child focused and child inclusive. The study follows the pathways of individual adjustment and paren…
Therapeutic Divorce Mediation
Therapeutic divorce mediation is one of several interventions that hold promise for assisting highly conflicted parents to resolve disputes about their children. But how is it defined, what do we know about it, how is it constrained, and does it work? This article seeks to address these questions by reviewing the divorce mediation–therapy literature, and critically examining the recent Conjoint Mediation and Therapy (CoMeT) initiative, which is c…
Mandatory dispute resolution and the 2006 family law reforms
Community-based mandatory family dispute resolution (more generically known as family mediation) is a central plank of the 2006 changes to the Australian family law system. This paper provides an overview of the data on family dispute resolution from the Australian Institute of Family Studies’ evaluation of the 2006 changes. It reports on usage rates of family dispute resolution as well as immediate and medium term outcomes, perceived pathways to…
Meaningful relationships’ in the Family Law Act Amendments of 2006
This is one of four papers in the present issue of JFS on the concept of 'meaningful relationships' between separated parents and their children. The term was introduced into the 2006 amendments to the Family Law Act 1975 (Cth),2 which also endorses the concept of shared parental responsibility and, when practicable and in the interests of the child, shared parenting time. The present paper explores some of the socio-legal antecedents to these co…
Children’s Voices
This article considers two transcripts, illustrating that children are often wiser than we imagine. The transcripts also reveal that tapping into this wisdom involves considerable openness and skill on the part of the adult listener and brings with it a considerable degree of adult responsibility. This, in turn, has implications for child-inclusive practice in postseparation mediation
Child-Focused Development Programs for Family Dispute Professionals
In 2001, the Australian Government funded professional development programs for both legal and nonlegal professionals who currently provide dispute resolution assistance to separating or separated families. These programs include Changing the Face of Practice (for family law practitioners) and Children in Focus (for mediators, conciliators, and counsellors). The aim has been to develop the ability of these professionals to assist more separated p…
Cross-examination of social workers and psychologists in the family court
(1986). Cross-examination of social workers and psychologists in the family court. Australian Psychologist: Vol. 21, No. 3, pp. 377-387
Do Fathers 'Win' or Do Mothers 'Lose'? A Preliminary Analysis of Closely Contested Parenting Judgments in the Family Court of Australia
In this research, I analysed patterns of judicial reasoning and assumptions in closely contested parenting cases published by AustLII, a publicly accessible electronic database. A content analysis of a heterogeneous purposeful sample of twenty‐two closely contested parenting disputes litigated over eleven years, revealed that presumptions about gender were an important aspect of judicial thinking. More specifically, I found that mothers were like…
Forum
Why a Focus on Children? Why Now
The Children in Focus seminars, which were delivered around Australia during 2002, began with a dialogue between Lawrie Moloney and Tom Fisher. As the program progressed from state to state, Tom increasingly took on the persona of a curious, sceptical, intelligent, and at times belligerent taxi driver. The role was inspired by the many taxi drivers we encountered on our travels, all of whom, when they heard of our quest, were willing to offer sol…
Child-Focused Development Programs for Family Dispute Professionals
In 2001, the Australian Government funded professional development programs for both legal and nonlegal professionals who currently provide dispute resolution assistance to separating or separated families. These programs include Changing the Face of Practice (for family law practitioners) and Children in Focus (for mediators, conciliators, and counsellors). The aim has been to develop the ability of these professionals to assist more separated p…
Therapeutic Divorce Mediation
Therapeutic divorce mediation is one of several interventions that hold promise for assisting highly conflicted parents to resolve disputes about their children. But how is it defined, what do we know about it, how is it constrained, and does it work? This article seeks to address these questions by reviewing the divorce mediation–therapy literature, and critically examining the recent Conjoint Mediation and Therapy (CoMeT) initiative, which is c…
Child-Focused and Child-Inclusive Mediation
n\t\t\t\t\tChildren have largely been absent from or on the periphery of mediation processes in postseparation parenting disputes. An accompanying paper canvasses a number of reasons why this may be the case. The present paper goes on to describe a current prospective study of outcomes for families utilising these two different forms.of mediation: child focused and child inclusive. The study follows the pathways of individual adjustment and paren…
Child-Responsive Practices in Australian Family Law
This paper considers key systemic issues that have to date constrained the hearing of children’s voices in both litigation and mediation processes in Australian family law. It is proposed that the time is now right for child-focused and child-inclusive approaches, described in this and previous publications, to become the default position in mediated disputes over children following separation. The application of child-inclusive practice to non-a…
Children and their Need to Belong
Children, Parents, and Approaches to Mediation
Forum
The effects of the separation of parents on children are explained. The influence of family laws on the child is also discussed. Family law is at a very important stage. It is under development for a new world of child-focused and child-inclusive practice
The “Other” Parent Has Many Faces
Multimedia Reviews
Children’s Voices
This article considers two transcripts, illustrating that children are often wiser than we imagine. The transcripts also reveal that tapping into this wisdom involves considerable openness and skill on the part of the adult listener and brings with it a considerable degree of adult responsibility. This, in turn, has implications for child-inclusive practice in postseparation mediation
Government’s Response to the Family Law Maze
In this paper, I consider the nature of the problem that Family Relationship Centres (FRCs) are attempting to address. Next, I suggest a typology of postseparation disputes, the purpose of which is to link families to the services that best suit their needs. I then posit reasons why the success of FRCs will inevitably depend on their recognition in the community as the default service for separation-related disputes. Next, I pay some attention to…
Transformative Mediation
In this article, we articulate the “world view” from which the theory of transformative mediation (TM) derives. We differentiate TM from other mainstream approaches and describe the role of the transformative mediator. We note some world view similarities between TM and humanistic psychology and conclude by speculating on the possible place of TM in postseparation disputes
Child-Sensitive Practices in High-Conflict Parenting Disputes
This address to the 2005 International Forum on Family Law, held at Parliament House, Canberra, attempts to capture the essence of two important initiatives - the creation of Family Relationship Centres and the development of nonadversarial litigation processes. The particular focus is on why these initiatives are so important for children and the postseparation environment of their parents
The Many Challenges of Parenting
Family-Based Interventions
(2006). Family-Based Interventions: Changing Practice, Changing Technologies. Journal of Family Studies: Vol. 12, No. 1, pp. 5-9
Family Mediation and Women’s Services
Central to Government’s strategy for separating families is the management and resolution of disputes away from courts and litigation processes wherever this is achievable. A key group of players in facilitating this vision are workers within the wide range of women’s services. This study surveyed workers at a number of Victorian women’s services that provide advice, support, and referral for women and explored their understanding of mediation pr…
Family practice and research
Following the excitement and optimism of The Enlightenment, the early twentieth century saw a gradual return to a recognition that, in human affairs, even recommendations based on 'evidence' and 'reason' were inevitably influenced by culturally governed perceptions that were in turn subject to personal and frequently opaque motivations. In Civilisation and its Discontents, for example, Freud (1930) makes a very flank admission about his own strug…
Forgotten children
Changes in patterns of post-separation parenting over time
In Australia, there has been considerable interest in recent years in the policy and practical implications of sharing parental care and responsibilities after separation – concepts that have culminated in the Family Law Amendment (Shared Parental Responsibility) Act 2006. While there is now good information on the prevalence, demography and dynamics surrounding different patterns of parenting after separation, not a great deal is known about the…
Family violence
One of the many difficulties in researching and responding to family violence is that its causes, its context and its impacts are rarely easy to define. Since the 1970s much of the theorising about violence has been about men's sense of entitlement, driven in turn by an essentially patriarchal culture. This theorising remains an important part of the picture. But a growing body of research based on population studies rather than clinical samples,…
Eight-year-old Samantha reflects on JFS 14(1)
In introducing the papers in this issue, the Editor imagines a child's perspective on the material. (non-author abstract)
Political science (41 works) · Sociology (39 works) · Law (38 works) · Law (35 works) · Publishing (31 works) · Project commissioning (27 works) · Psychology (20 works) · Family Dynamics and Relationships (19 works) · Family law (18 works) · Public relations (18 works)