Of 'Hoods' and 'Ships' and Citizens: The Contradictions Confronting Mothers in the New Post-Separation Family

View/ Open
Author(s)
Rathus, Zoe
Griffith University Author(s)
Year published
2010
Metadata
Show full item recordAbstract
This article argues that the new family laws in Australia have created a tension between the good pre-separation mother citizen and the good post-separation mother citizen. With the emphasis on shared parenting, post-separation mothers must now sacrifice time with their children in favour of the fathers. This tends to obscure the past care work of mothers and to valorise fathers. Using a linguistic ploy, I reveal the identities and lived realities of the citizens of the modern family by examining their ?hoods' (their passive state or condition) and their ?ships' (their more active duties and tasks). These include their ...
View more >This article argues that the new family laws in Australia have created a tension between the good pre-separation mother citizen and the good post-separation mother citizen. With the emphasis on shared parenting, post-separation mothers must now sacrifice time with their children in favour of the fathers. This tends to obscure the past care work of mothers and to valorise fathers. Using a linguistic ploy, I reveal the identities and lived realities of the citizens of the modern family by examining their ?hoods' (their passive state or condition) and their ?ships' (their more active duties and tasks). These include their motherhood and fatherhood, their mothership and ?fathership'. The introduction of Family Law Act 1975 (Cth) heralded a more contemporary family law in Australia, and seemed to recognise some aspects of mothers' citizenship by valuing ?wifeship' and ?mothership'. However, this was followed by the rise of fathers' rights groups and a number of transformations of parenting laws, with the most recent significant reforms occurring in 2006. After analysing two recent relocation cases, I argue that current parenting laws tend to ignore the complex realities of mothers' lives. I suggest that the concept of parental ?investment', relational theories and the theory of intimate citizenship may provide useful frameworks for reconceptualising some factors relevant to parenting decisions.
View less >
View more >This article argues that the new family laws in Australia have created a tension between the good pre-separation mother citizen and the good post-separation mother citizen. With the emphasis on shared parenting, post-separation mothers must now sacrifice time with their children in favour of the fathers. This tends to obscure the past care work of mothers and to valorise fathers. Using a linguistic ploy, I reveal the identities and lived realities of the citizens of the modern family by examining their ?hoods' (their passive state or condition) and their ?ships' (their more active duties and tasks). These include their motherhood and fatherhood, their mothership and ?fathership'. The introduction of Family Law Act 1975 (Cth) heralded a more contemporary family law in Australia, and seemed to recognise some aspects of mothers' citizenship by valuing ?wifeship' and ?mothership'. However, this was followed by the rise of fathers' rights groups and a number of transformations of parenting laws, with the most recent significant reforms occurring in 2006. After analysing two recent relocation cases, I argue that current parenting laws tend to ignore the complex realities of mothers' lives. I suggest that the concept of parental ?investment', relational theories and the theory of intimate citizenship may provide useful frameworks for reconceptualising some factors relevant to parenting decisions.
View less >
Journal Title
Griffith Law Review
Volume
19
Issue
3
Copyright Statement
© 2010 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Subject
Civil procedure