Civil Area Family Law

Question 1

1) Family Law

Answer 1

Australia’s family law is a system that exists to help people resolve the legal aspects of family relationships. Family law or commonly called the Family law Act encourages couples to resolve their family disputes through family dispute resolution rather than going to court.

Question 2

2) Family Dispute Resolution

Answer 2

Family dispute resolution is a process conducted by an independent practitioner that assists the members of a family and it aims to sort out their issues.

Question 3

3 )Why Does Family Dispute Resolution exist?

Answer 3

Family dispute resolution exists in Australia is because it is an alternative way of going to court and is often cheaper than hiring a legal representative.

Question 4

4) Main Areas that Family Law covers

Answer 4

• Marriage
• Adoption
• Division of Property
• Divorce
• Care of Children

Question 5

5) Care of Children After Divorce

Answer 5

Since divorce can be a very painful and disruptive process, it can greatly affect the child wellbeing. As a response to this issue, The Family Law Act 1975 uses their principles of divorce law to aim for a less emotionally devastating outcome as a way to care for children.

Question 6

6) Principles of Divorce Law and the Care for Children

Answer 6

• Give the widest possible assistance to the family, as it is important to be mindful of the care and education of dependent children.
• Protect the rights of children and to promote their welfare.
• Ensure safety from family violence 


Question 7

7) The Family Laws aims when Caring for Children during a Divorce Period.

Answer 7

The Family Law Act 1975 focuses on the rights of children and the responsibilities that each parent has towards their children, rather than on parental rights. The Act aims to ensure that children can enjoy a meaningful relationship with each of their parents, and are protected from harm.

Question 8

8) Methods for Resolving Disputes arising under Divorce Law. (Mediation)

Answer 8

Mediation is where the two parties (Parents) come to an agreement. The agreement however is not binding until the parties enter into a contract.
Mediation is more likely to be acceptable to the parties, as they have made the decision themselves.

Question 9

9) Methods for Resolving Disputes arising under Divorce Law (Parenting Plan)

Answer 9

A parenting plan exists when a civil agreement about how the children will be cared for after a divorce has been met.
The parents do not need to go to court and the parenting plan is not legally enforceable. The court however will take it into account if the parents do not keep to the agreement in the future.

Question 10

10) Things Typically in a Parenting Plan

Answer 10

• Who the child will live with.
• How the parents will share responsibilities (such as which school the child will attend) 

• The type of communication between the child and each parent. 

• Arrangements for special days such as birthdays and Christmas .

Question 11

Order of writing for Exam

Answer 11

1) Family Law
2) Family Dispute resolution
3) Why does Family Resolution exist?
4) Main areas that Family Law covers
5) Care of Children after Divorce
6) Principles of Divorce Law and Care for children
7 )The Family Laws aims when Caring for Children during a Divorce Period.
9) Methods for Resolving Disputes arising under Divorce Law (Parenting Plan)
10) Things Typically in a Parenting Plan