Neoliberalism, family law, and the devaluation of care

There is a conflict at the heart of family law between neoliberal ideas autonomy, which increasingly influence and policy, lived realities law's subjects. Neoliberal norms, assume individual responsibility, financial independence, freedom choice, do not reflect nature decision making in intact families or consequences those decisions on separation; separation raises multiple intersecting legal issues, including child arrangements, providing an important lens for more widely. Drawing findings original empirical research with separated parents, this article explores three key assumptions individuals paradigm: that they have equal bargaining power, behave economically rationally, choice. Not only all fail to capture separating parents’ lives, but actively cause harm context by devaluing care.