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HSC Legal Studies > Family > Flashcards

Family Flashcards

1
Q

Adoption Plan

A

A plan made by agreement between the adoptive parents and birth parents, often called open adoption.

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2
Q

Aboriginal and Torres Strait Islander peoples’ customary law marriage

A

A marriage entered into according to tribal custom rather than according to Australian law

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3
Q

Adoption

A

The process whereby a couple become the legal parents of a child born to someone else

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4
Q

Adultery

A

Voluntary sexual intercourse between a married person and a person who is not his or her spouse - no longer a grounds for divorce

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5
Q

Apprehended domestic violence order (ADVO)

A

An order made to protect a person against the behaviour of someone with whine they are or have been in a domestic relationship.

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6
Q

Apprehended personal violence order (APVO)

A

An order made to protect a person against the behaviour of someone with whom they have never had a domestic relationship.

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7
Q

Apprehended violence order (AVO)

A

An order imposed by a local court which restricts the behaviour of a defendant for a period of time

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8
Q

Artificial Insemination

A

The practice whereby semen is medically implanted into a woman’s reproductive system so that she can bear a child

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9
Q

Artificial reproductive technology (ART)/Birth Technologies

A

Technologies that allow women to become pregnant via artificial means, such as artificial insemination and IVF.

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10
Q

Autonomy of children

A

The ability of children to make more and more decisions for themselves as they grow older.

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11
Q

Binding financial agreements

A

Agreements that will be enforced by the law and which deal with some or all of the financial resources of the parties to a marriage or de facto relationship.

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12
Q

Blended families

A

A married or de-facto couple and their children from previous relationships

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13
Q

Care plan

A

A plan which sets out the steps that will be taken by a family to resolve the concern that Community services has about a child.

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14
Q

Child

A

A person under the age of eighteen years. Also called minor.

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15
Q

Child abuse

A

Assault of a child, including sexual assault, ill-treatment of a child and exposing a child to behaviour that psychologically harms him or her.

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16
Q

Conciliation

A

The process whereby a third person, called a mediator or conciliator, listens to both parties to a dispute and makes suggestions, in an effort to bring the two parties to agreement. Conciliation is similar to mediation but involves a healing focus and perhaps counselling.

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17
Q

Conscience vote

A

When politicians vote on legislation according to their personal moral beliefs, not according to political party policy.

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18
Q

Counselling

A

The process whereby a third person listens to the parties to a dispute and helps them to minimise their differences and reach agreement. It involves a healing focus.

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19
Q

Consent Order

A

An enforce-able agreement made by separating people about a wide range of matters

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20
Q

Contact Veto

A

An order lodged with Community services preventing an adopted adult being contacted by his or her biological parent, or the biological parents of an adopted adult being contacted by that adopted child.

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21
Q

Divorce

A

The legal dissolution of marriage. The marriage is finished and each party is free to marry another person.

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22
Q

De-facto relationship

A

When two people live together as a married couple, though they are not legally married (that is, they are living in a bona fide domestic relationship).

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23
Q

Domestic Violence

A

Actual or threatened violence or harassment within a domestic relationship.

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24
Q

Domestic violence offences

A

Crimes that involve violence between people in a domestic relationship and which are illegal under the Crimes Act 1900 (NSW), such as assault, stalking, intimidation.

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25
Q

Extended family

A

A family with other relatives besides parents and children living in the same household

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26
Q

Family

A

‘Two or more persons… who are related by blood, marriage (registered or de-facto), adoption, step or fostering, and who are usually resident in the same household’ (ABS)

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27
Q

Ex-nuptial child

A

A child born outside of marriage (that is, the parents of a child are not married and were not married when the child was born or conceived.

28
Q

Family Violence

A

‘Conduct, whether actual or threatened by a person towards, or towards the property of, a member of the person’s family reasonably to fear for, or reasonably be apprehensive about, his or her personal wellbeing or safety’

29
Q

Equal shared parental responsibility

A

The presumption that the parents of a child will consult each other and agree on ‘major long-term issues’, such as the child’s education, religious and cultural upbringing and the child’s name.

30
Q

Guardianship

A

The long-term responsibility for a child

31
Q

In loco parentis

A

Literally means ‘in place of parents’. Adults who are acting in loco parentis have the same rights and responsibilities regarding the care and control of children as parents.

32
Q

Intestacy

A

A situation in which the laws operate to distribute a person’s property when that person dies without leaving a will

33
Q

Injunction

A

A court order which prevents someone from doing something or orders them to do something.

34
Q

Intimidation

A

Behaviours such as nuisance telephone calls or other unwelcome forms of communication, and harassing or threatening someone.

35
Q

In-vitro fertilisation (IVF):

A

A practice whereby ovum and sperm are united in a test tube where they form an embryo which is then implanted into a uterus so that she can produce a child.

36
Q

Irretrievable breakdown of marriage

A

A marriage has broken down to such an extent that there is no possibility of the parties getting back together (reconciling).

37
Q

‘Kiss and make-up’ clause

A

Couples who are separated may try living together again for one period of up to three months. If this does not work out, there is no need to restart the twelve month separation period required to file for divorce.

38
Q

Liable parent

A

A parent who is obliged to pay child maintenance to the other parent.

39
Q

Lobby group

A

A collection of people with specific aims who join together for the purpose of pressuring the government to change the law as as to achieve those aims.

40
Q

Marriage

A

‘The union of a man and a woman to the exclusion of all others, voluntarily entered into for life’ (Marriage Act 1961(Cth)).

41
Q

Maintenance

A

A payment made by one person to help contribute to the care and welfare of another person

42
Q

Mediation/Conciliation

A

The process whereby a third person, called a mediator or a conciliator, listens to both parties of a dispute and helps them to minimise their differences and reach agreement.

43
Q

Monogamy

A

A person may be married to only one person at a time

44
Q

Nuclear Family

A

A husband, wife and their children.

45
Q

Open adoption

A

A situation in which there is communication and contact between adoptive parents and birth parents, made by agreement between them via an adoption plan.

46
Q

Parental Responsibility

A

‘All the duties, powers, responsibilities and authority which, by law, parents have in relation to children’

47
Q

Parental Responsibility contract

A

A contract entered into by a child’s carers, whether or not they are the parents, which contains provisions aimed at improving the carer’s parenting skills and making them more reliable for their child’s wellbeing.

48
Q

Polyandry

A

A woman having more than one spouse at any time

49
Q

Parenting order

A

An order made by family law courts about the care of and responsibility of children

50
Q

Parenting Plan

A

An agreement made by parents about the child, dealing with parental responsibility; who the child lives with, spends time with, and communicates with; maintenance; and other issues. This agreement must be signed and dated by both parents.

51
Q

Polygamous marriage

A

A person having more than one spouse at any other time

52
Q

Polygyny

A

A man having more than one wife at any one time

53
Q

Same-sex couples

A

Two people of the same gender, living together in a de facto relationship

53
Q

Property

A

For the purposes of the Family Law Act 1975 (Cth) the property of the parties to a marriage or de facto relationship is all the property owned by both parties (including houses, cars, household goods, bank accounts, shares, gifts and inheritances, compensation, lottery winnings and superannuation), regardless of whose name the property is in.

53
Q

Restoration plan

A

A plan setting out circumstances under which a child will be removed into temporary care by Community services will be returned to his or her parents.

56
Q

Separation under one roof

A

A couple may be living seperately and apart while still occupying a house together. As long as one of the parties has formed the INTENTION to separate, this can be regarded by the law as being sufficient to prove an irretrievable breakdown of marriage.

57
Q

Single-parent family

A

A family in which there is one parent raising children

58
Q

Significant harm

A

Harm to a child which is sufficiently serious to warrant a response by a statutory authority irrespective of the family’s consent.

59
Q

Social father

A

A man who acts as the father of a child born as a result of sperm donation

60
Q

Stalking

A

Behaviours such as following a person, spying on them and frequenting a place where that person works or lives.

61
Q

Substantial and significant time

A

The description used for the time a child should spend with the parent under a parenting order when such time includes weekends, weekdays and holidays and allows the parent to share daily routines and special occasions with the child.

62
Q

Succession

A

The transfer of property to the relatives of a deceased person

63
Q

Surrogacy

A

When a woman agrees to become parent and bear a child on behalf of another couple who are usually unable to have children of their own

64
Q

Temporary care arrangement

A

An arrangement made with Community services for a child to be placed in the care of someone besides his or her family for a period of up to three months

65
Q

Unito Caro

A

A common law term which used to be applied to marriages, meaning a husband and wife are ‘one flesh’ which meant a man could treat his wife as his possession.

66
Q

Will

A

A document drawn up by a person to state how his or her property is to be divided upon death

HSC Legal Studies (5 decks)

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