Family Law Flashcards
what is the concept of family law?
There can be no one definition for family as the term itself is constantly changing, yet it is agreed that families are the basic unit of society, and most children are raised within a family.
what are the legal requirements of marriage?
- Union of man and woman; same gender is not legally binding in AUS
- Voluntarily entered; not legally binding if forced or tricked into
- Arranged marriages may also be classified as voluntary as consenting parties organise marriage to be arranged however adults and minor is not accepted.
- For Life; intention of marriage rather than actuality
- To the exclusion of all others; two people only à AUS is monogamous society à adultery no longer grounds for divorce à evidence of social values changing
- Polygamy is not legal in Australia however other ‘wives’ considered de facto
Specification of man and woman; indicates that parties to marriage must be of different sexes
what are the alternative family relationships?
- Aboriginal and Torres Strait Islander Peoples’ Customary Law
- Single-Parent Families
- Blended Families
- Same-Sex Relationships
- Polygamous Relationships
- De Facto Relationships
Adoptive
what are the 5 legal responsibilites of a parent?
- Providing food and shelter
- Access to education: Education Act 1900 (NSW)
- Medical treatment
- Providing discipline: Must use reasonable force, and disallows striking the head or neck or a closed fist
- Protecting children from harm and exposure to illegal activities
- If a parent fails to provide these basic necessities, it may result in criminal prosecution. DoCS will investigate and remove parental responsibility, enforce parenting classes, or enforce orders.
what is adoption?
Adoption is the legal process of transferring parental rights and responsibilities from biological parents to adoptive parents. The aim of laws governing adoption is to ensure the best and most appropriate parents are found for the child, and to recreate the legal relationship between the child and parents. Laws are governed by the Adoption Act 2000.
what is divorce?
Divorce is the formal legal process of dissolving a marriage.
what are the legal consequences of seperation for children?
No application for divorce will be approved unless there are proper arrangements in place for children. Once arrangements for the child are in place, the court will order a decree nisi which begins the process of the divorce. After one month this becomes decree absolute where the marriage is legally dissolved. Parents both hold the responsibility for the child, regardless of who they are staying with, and are encouraged to make and agree to their own parenting arrangements. Separating parents are also required to attend family dispute resolution before they can apply for these parenting orders.
what are the legal consequences of seperation for property?
If a separating couple reach an agreement on the allocation of property and want to formalise it, they can apply to the family court or enter a financial agreement. If the decision made by the couple is fair and equitable, the court will make the consent orders legally binding.
dealing with domestic violence in australia
- Domestic violence can be defined as a pattern of behaviour in any relationship that is used to gain or maintain power and control over an intimate partner. Domestic violence can be physical, sexual, emotional, economic or psychological actions or threats and actions that influence another person
- An ADVO is a court order designed to protect the victim from future violence and intimidation by restricting the behaviour of the perpetrator. They are only applicable to domestic violence situations, yet their effectiveness is limited as they are hard to regulate due to the nature of the crime and violence occurring within the home.
ADVO à protect against behaviour from those in or have been in domestic relation and Apprehended Personal Violence Orders (APVO) à protected person and defended are not or have not been in personal relationship
- An ADVO is a court order designed to protect the victim from future violence and intimidation by restricting the behaviour of the perpetrator. They are only applicable to domestic violence situations, yet their effectiveness is limited as they are hard to regulate due to the nature of the crime and violence occurring within the home.
