Breastfeeding Throughout Legal Separation: Women’s Experiences of the Australian Family Law System

Abstract

In 2006, the Australian Government introduced the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth), which put in place a legal presumption of shared parental responsibility for children after separation and which emphasizes “equal-time” parenting arrangements regardless of the child’s age. A qualitative approach was taken to investigate breastfeeding women’s experiences of the implementation of the act and its impact on their ability to maintain breastfeeding. Fifteen women responded to questions related to their breastfeeding and their engagement with the family law system. Interviews were audio recorded and transcribed, and data were then analyzed thematically. These women experienced inconsistent advice from all facets of legal services, including opinions about the inappropriateness of breastfeeding for infants over 6 months of age. Breastfeeding was considered only as nutrition, without recognition of its immunological and cognitive benefits and the security and comfort it provides. Many participant women felt that they had been persuaded against discussing breastfeeding in the legal system, resulting in a sense of disempowerment.

Keywords

breastfeeding family law separation best interests of the child

Get full access to this article

View all access options for this article.

References

World Health Organization and UNICEF. Global Strategy for Infant and Young Child Feeding. Geneva, Switzerland: World Health Organization; 2003 .

Kramer MS , Aboud F. , Mirona E. , et al. Breastfeeding and child cognitive development: new evidence from a large randomized trial. Arch Gen Psychiatry. 2008;65:578-584.

Horta BL , Bahl R. , Martinés JC , Victora CG Evidence of the Long-Term Effects of Breastfeeding: Systematic Reviews and Meta-Analyses. Geneva, Switzerland: World Health Organization; 2007.

Akre J. Infant feeding: the physiological basis. Bull World Health Organ. 1989;67(suppl 1):1-108.

Brodribb W , ed. Breastfeeding Management. 2nd ed. East Malvern, Australia: Australian Breastfeeding Association; 2004.

Minchin M. Infant formula: a mass, uncontrolled trial in perinatal care. Birth. 1987;14:25-35.

Riordan JM The cost of not breastfeeding: a commentary. J Hum Lact. 1997;13:93-97.

Palmer G. The Politics of Breastfeeding. London, UK: Pandora Press; 1988.

Bar-Yam NB

Breastfeeding and human rights: is there a right to breast-feed? Is there a right to be breastfed?

JJ Hum Lact. 2003;19:357-361.

10.

Nhmrc. Dietary Guidelines for Children and Adolescents in Australia Incorporating the Infant Feeding Guidelines for Health Workers. Canberra, Australia: National Health and Medical Research Council & Commonwealth Department of Health and Ageing; 2003.

11.

Kent G. Response to "Breastfeeding and human rights" [letter]. J Hum Lact. 2004;20:146-147.

12.

Akre J. The Problem With Breastfeeding: A Personal Reflection. Amarillo, TX: Hale; 2006.

13.

Labbok M. Breastfeeding: a woman’s reproductive right. International J Gynecol Obstet. 2006;94:277-286.

14.

Sweet L. , Power C. Family Law as a determinant of child health and welfare: shared parenting, breastfeeding and the best interests of the child. Health Sociology Review. 2009;18:108-118.

15.

Fehlberg B. , Behrens J. , Kaspiew R. Australian Family Law: The Contemporary Context. South Melbourne, Australia: Oxford University Press; 2008.

16.

Atmore C. , Budavari R. , Fletcher J. , Finn K. , Kelly A. Seeing Families Right. Sydney, Australia: National Association of Community Legal Services; 2005.

17.

Taylor B , Kermode S , Roberts K , eds. Research in Nursing and Health Care: Evidence for Practice. 3rd ed. Melbourne, Australia: Thomson; 2006.

18.

Wickham S , ed. Appraising Research Into Childbirth: An Interactive Workbook. Edinburgh, Scotland: Elsevier Butterworth Heinemann; 2006.

19.

Benner P. Interpretive Phenomenology: Embodiment, Caring, and Ethics in Health and Illness . London, UK: Sage; 1994.

20.

Australian Government. The Best Start: Report on the inquiry into the health benefits of breastfeeding . In: House of Representatives, Standing Committee on Health and Ageing, eds. Canberra, Australia: Commonwealth of Australia; 2007.

21.

McIntosh J. , Chisholm R. Shared care and children’s best interests in conflicted separation: a cautionary tale from current research. Australian Family Lawyer. 2007;20:1-11.