Guest Blogger: Luke Gahan (pictured)
Luke is a PhD student at the Bouverie Centre, La Trobe University. Luke's PhD research is an extension of the Work, Love, Play project. He is exploring the experiences of same-sex couples who separate after they have had children together.
One doesn’t have to look to hard these days to see same-sex parented families in the media or in popular culture. Happy rainbow families are depicted in popular TV dramas such as ‘Greys Anatomy’ with a family made up of two female doctor mums and a straight plastic surgeon father. Then there’s ‘Brothers and Sisters’ with two gay dads and their adopted child. And how could we forget the comedy hit ‘Modern Family’ with the hysterical gay dad duo Mitchell and Cameron and their adopted daughter Lily.
But what happens if same-sex parents and families breakup? How are their experiences different to opposite-sex families? Since our families are so diverse, so too will be our experiences of separation. The experiences of a bio-mum may be very different to a non-bio-mum; just as it would be for a donor dad compared to a dad via surrogacy. These are the very questions we will be exploring in a new study on separated same-sex parented families.
Same-sex couples and parents are not immune from separation, yet all too often their unique stories go unheard. Campaigns for same-sex marriage and parenting rights focus on happy couple stories. While showing the positive side of same-sex relationships and parenting makes sense in a campaign to gain equal marriage rights, it may inadvertently lead separated parents to feel isolated from friends and community.
As you are aware same-sex parents have not always had equal recognition and in some instances they still don’t. Indeed even in places where laws do protect same-sex parents, culture and attitude often lag behind, leaving some same-sex parents vulnerable or unrecognised as a parent – both before and after separation. Recent legal changes in Australia have ensured that same-sex couples are treated in a similar way to opposite-sex couples in the family court system. Yet there has been no research on whether these legal processes are working for, or are indeed appropriate for same-sex couples.
While the amendments to federal law in 2008 were extensive and a monumental step towards equal recognition of same-sex couples and their families, it did not make provisions to recognise the often radically complex makeup of same-sex parented families. Same-sex parented families can often include more than two parents and therefore several couples. Currently neither federal nor Victorian law allows for the equal legal recognition of more than two legal parents. The only option available to such families is to get a court parenting order for each parent not on the birth certificate. However, even with court parenting orders these complex yet very ‘modern family’ situations get even more complex following separation. The ways in which families and parents experience and cope with this is will be explored in our study.
One example where separation for same-sex parented families can potentially become complicated is with post separation shared parenting. Under the recent Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth), courts with family law jurisdiction in Australia now have a responsibility to consider making orders for children to spend equal or substantial time with each legal parent, where such arrangements are in the children’s best interest and reasonably practicable. This change introduced a legal presumption of equal shared parental responsibility into Australia. The reforms were responding to concerns by parents, especially fathers, but also to a range of studies that indicated many children were expressing a wish to see more of their ‘other parent’. The shared parenting presumption can be incredibly difficult in families with just two parents – what happens in situations where there are three or four parents? How does the presumption of ‘shared care’ work if there are more than two households involved? Do the parents divide the week up amongst all households or does the court usually only award shared care to two parents – and if so, why and who did they choose? Our study hopes to gain an insight into how these new laws are affecting same-sex parented families.
Previous research has shown same-sex couples and parents tend to posses egalitarian relationship and parenting styles. How this transpires after separation is unclear. However, given the findings that the most successful and positive shared care arrangements are those where both parents had active involvement in their children’s care pre-separation the egalitarian nature of same-sex couples may give them an advantage for success when attempting post-separation shared care. Through this study we will gain a better understanding of same-sex parenting post separation and will explore whether relationships remain egalitarian and lead to greater success with shared care of children.
So what would happen if Dr. Robbins and Dr. Torres separated in ‘Grey’s Anatomy’? Would they share their daughter? What about the father, you know the plastic surgeon Dr. Sloan...would he be involved in shared care? And how would ‘Modern Family’ cope if Cameron and Mitchell broke up? Perhaps you already know....Perhaps this has already happened to you. Well now is your chance to have your unique separation stories heard and understood!
We will be conducting interviews with separated same-sex parents during 2012 in Melbourne, Sydney and Brisbane. Participants must have had at least one child while within a same-sex relationship which has now ended, but they do not necessarily have to still be parenting or have custody of their child. We are keen to hear from people who have been though the family court system as well as those who made their own separation arrangements. Interviews will take between one and two hours and will be held at a time convenient to you.
If you are interested in sharing your experiences of separation and being involved in this study please contact Luke at the Bouverie Centre on (03) 9385 5137 or email him here.



