The graphic below shows the parenting arrangements for the general separated population rather than court outcomes.
Kate Lorden and Paul Smith from Sydney’s inner west separated 12 years ago,when their children Oliver and Liza were six and three.
The ex-spouses live in the adjoining suburbs of Balmain and Rozelle so the children,now teenagers,could always go to either home easily. They put aside their differences to work around each other’s schedules,particularly with Mr Smith working shifts as a paramedic.
"We say that we have the best divorce ever,"Ms Lorden said."We take our cues from what makes the kids feel happy,within good boundaries."
But it wasn’t always this way. In the early days,like many separating couples,they were driven by anger and fear.
They went through mediation and it nearly boiled over into court action. But once they had the formal agreement as an insurance policy,they"basically never looked at it again".
"I was worried beyond belief that I was going to lose my kids,"Mr Smith said."Once we got to the point we could co-operate,I have to admit Kate was pretty awesome."
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TheAustralian Law Reform Commission reported on the family law system in March this year,making 60 recommendations for reform,including better integration between the federal and state or territory systems,templates for property settlements that presume equal contributions and greater encouragement to use dispute resolution services.
For custody,the ALRC recommends replacing the presumption of"equal shared parental responsibility"with a presumption of"joint decision making about major long-term issues"and to repeal requirements for the courts to consider the children spending equal or significant time with each parent.
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Attorney-General Christian Porter said the government would respond in full"shortly"and has previously told the ABC he found most of the recommendations"very sensible".
Annie Gurton,a couples therapist on Sydney’s northern beaches,said"shared care"means parents must collaborate and agree on areas such as schooling,health and religion - not that children must split their time 50/50 between two homes,which could be unsettling.
"The thing to remember is that as the children get older the arrangements can be changed,"Ms Gurton said."If the separation is easy for the children they will likely grow into secure and well-adjusted adults."