AUSTRALIA: A belief that children under three should not stay overnight with their separated or divorced father has underpinned our family law system for years. Has it all been a mistake? Short answer: Yes.

Related: Movement on father’s overnight access.

Barriers constraining divorced fathers having their young children stay with them overnight may be lifted, with key family law organisations revising policies blocking overnight care of infants and toddlers.

The rethink follows the publication of an academic paper endorsed by 110 leading international experts challenging the policies. The paper is highly critical of a key 2010 study that found any regular overnight care by fathers was damaging to infants and toddlers.

The paper, Social Science and Parenting Plans for Young Children: A consensus report, by Professor Richard Warshak was published in the American Psychological Association’s journal, Psychology, Public Policy and Law, in February.

It says that the 2010 study, led by Melbourne child psychologist Dr Jennifer McIntosh, was inappropriately used to suggest that any regular overnight care by fathers was damaging to infants and toddlers. “This study provides no reliable basis to support custody policy, recommendations or decisions,” the Warshak paper found.

The experts said the findings of Dr McIntosh’s study should not have been used as a platform for developing public policy in this area.