FAMILY LAW

Question 1

Article 16 of the UDHR states…

Answer 1

“The family is the natural and fundamental group unit of society and is entitled to protection by society and state.”

Question 2

How does the law cater for ATSI customary marriages

Answer 2

Under the family law act 1975 customary marriages between aboriginal people’s is legally recognised

Question 3

How does the law cater for single-parent families

Answer 3

The Child Support (Registration and collection) Act 1988 Is a law that aims to assist single-parent families psychologically and financially by granting them financial credits.

Question 4

How has the law changed to cater for same-sex relationships

Answer 4

Previously under the family law act 1975 it stated that marriage was ‘between a man and a woman’

however under the marriage amendment (definition and religious freedoms) act 2017 it was changed to ‘marriage of two people together’.

Question 5

State and federal jurisdiction in family law

Answer 5

The state deals with things such as adoption, child welfare, family crimes, domestic violence, the care and protection of children, adoption

Federal jurisdiction of family law deals with things such as the governing of marriage and divorce, the process of marriage, valid marriage, obligations within the marriage

Question 6

Valid marriages

Answer 6

The marriage act 1961 establishes the legal requirements of a valid marriage such as being 18 and older, not being related, it being voluntary and not involving polygamy

Question 7

Explain the legal rights of children

Answer 7

Children have rights to know, spend time with and communicate regularly with both of their parents and a meaningful relationship with them if they wish to.

Children also have the right to attend school and they have the right to be cared and protected by their parents.

They have the right to adequate medical help this is evident in the case of R V Manju Sam where the parents refuse to give their child’s medical assistance for their asthma and the child died

Question 8

Explain the legal obligations of parents

Answer 8

Under the family law amendment (shared parental responsibility) act 2006 there has been a shift from parental rights to parental obligations.

Parents have obligations to develop the appropriate social and educational skills of a child.

Parents also have to care for their children they need to provide adequate housing, medical care and financial security.

Parents have the obligation to send their child to school.

Parents are responsible for their child’s medical needs they must seek medical assistance for them when they are sick

Question 9

How has international law and doctrine influenced the rights and obligations of parents and children

Answer 9

Do United Nations launch the convention on the rights of a child in 1989 and this set out children’s rights and parental obligations. This convention was ratified in Australia in 1991.

Question 10

What is domestic violence

Answer 10

This is any act with a verbal or physical of a violent or abusive nature that takes place within a domestic relationship. It is a multi complex issue in contemporary society and the law must provide a customised approach to each case in order to achieve justice.

Question 11

Crimes (domestic and personal violence) act 2007 NSW

Answer 11

This is the sole piece of legislation that deals with the crime of domestic violence in New South Wales. The axe now insures that domestic violence is a crime in itself and under the standalone legislation and offender will be prosecuted individual charges of domestic abuse and violence.

Question 12

Statistics of domestic violence

Answer 12

The Australian Institute of family studies found that over half of separated couples in NSW had experienced emotional or physical violence.

According to the bureau of crime Statistics and research, in 2016, 17% of Australian women have experienced violence since the age of 15.

Question 13

List of the legal responses to domestic violence

Answer 13

The crimes (domestic and personal violence) act 2007 NSW

FACS: They have the power to intervene, remove the child from the house and take police action against perpetrators of abuse

Courts : Victims are able to apply to the local court for an apprehended domestic violence order.

Police: Kanow issue on the spot a ADVOs

The surveillance devices amendment (police body worn video’s) act 2014 NSW allows police offices and public prosecutors to use video evidence when prosecuting perpetrators of domestic violence

Question 14

Dispute resolution services for domestic violence

Answer 14

Reconciliation counselling, post separation parenting programs, mediation, conciliation

Question 15

NGOs as responses to domestic violence

Answer 15

With FACS being inundated with work there have been a larger push for NGO involvement in family relations.

E.g Salvation army, relationships Australia and the Smith family

They all provide services such as mentoring, support for new parents, counselling and relationship advice, assistance with managing conflict, emotional support to children and victims, mediation, conciliation

Question 16

The recognition of same-sex relationships as a contemporary family law issue

Answer 16

This issue is primarily concerned with the rights and freedoms that same-sex relationships have under the law and how this has evolved and been further recognised.

Marriage act 1961- bad for same sex people

Marriage amendment (definition and religious freedoms act) 2017- took ages but finally gave them rights

Health insurance amendment act 2004- gave them rights under Medicare

Adoption act amendment 2002- gave them adoption rights

Australian marriage equality group – advocates for rights under the law, holds rallies, pressures governments

Gay and lesbian rights lobby – advocates for rights under the law etc

Question 17

The changing nature of parental responsibility as a contemporary family law issue

Answer 17

This issue is primarily concerned with the shift from parental rights to parental responsibilities and the emergence of the emphasis on children’s rights.

Family law act 1975- Bad because it stated that parents had control and autonomy over their children they were like property

Family law amendment (shared parental responsibility) act 2006 - Good because it change the concept of Parental rights to parental obligations in an attempt to counteract child abuse and neglect claims

It also introduced the best interests of the child whereby it was stated that they should be free from harm and neglect and they should have the right to a meaningful relationship with both of their parents if they wish.

Seaton and Fogarty case 2018- Children were given to father because he best exercised parental obligations

NGOs such as families Australia helps when there are issues determining parental rights and obligations

Question 18

Surrogacy and birth technologies as a contemporary family law issue

Answer 18

This issue is concerned with how birth Technologie is a revolving and being recognised by legal and nonlegal means under the government

Surrogacy act 2010 NSW state start commercial surrogacy is illegal and altruistic surrogacy is legal

Question 19

The care and protection of children as a contemporary family law issue

Answer 19

This issue is primarily concerned with family violence, child abuse and child neglect: is the responsibility of the parent to care and protect for children as they are vulnerable and experienced but still an integral party to a family.

Question 20

NSW Department of family and community services

Answer 20

This is a government sect that delivers services to disadvantaged members of society and works to protect and care for families communities and children within New South Wales

FACS can apply to the children’s court an issue orders such as the emergency Karen protection order that may remove the child from their home if they are at serious risk of harm and neglect.

Question 21

FACS pros and cons

Answer 21

Advantages: it is a statutory body and thus can provide in forcible decisions such as protection orders and AVOs

Disadvantages: it is an extremely resource in efficient body that is inundated with work and often children are left with no assistance.

Question 22

Child story

Answer 22

This is a legal response that is in forced by FACS and it is a information technology systems that provide a holistic view of child abuse and attempts to rectify the problem.

Over 46,000 people use child story across NSW, judges use it to assess situations and examine information

It is essentially an information system where by facts of the case are detailed to all parties that may be able to help

Question 23

Laura form regarding the care and protection of children

Answer 23

Children and young persons care and protection act NSW 1998: this legislation cares for children and attempts to protect them from harm and neglect.

The word inquiry was an examination into the old children’s act and justice would be provided 106 recommendations of reform.

This led to the children and young persons (wood inquiry recommendations) act 2009 NSW -
whereby mandatory reporting is now an acted for children who are at significant risk of harm. This place is urgent cases as a priority and aims to protect Children who may be abused

Question 24

NGOs as a nonlegal measure for the care and protection of children

Answer 24

NGOs are measures that act to serve in the best interest of a child and provide them with the greatest amount of care when legal responses are inundated or failed.

The benevolent society: this is a group that offers programs that support family is to overcome stresses that lead to abuse and neglect such as counselling, home visits, playgroups etc, it attempts to eliminate the factors that contribute to child abuse and neglect.

Parenting NSW: a state government initiative/NGO which aims to counsel and educate parents on how to adequately provide for their children.

Question 25

Care and protection of children LCMDI

Answer 25

Investigation by the Australian Institute of health and welfare claims that 324,186 Australian children are suspected to be in an abusive environment in 2015

2009 SMH: “mother gets 25 years for murder” – the case of R V Pfitzner 2009 Is detailed whereby mother strangled her infant son Dean shillings worth to death

2012 ABC: docs and lies – describes FACS to be “swamped with a rising number of cases and flooded with work; overwhelmed and understaffed”

Australian Institute of family studies: increase in the number of substantiations of child abuse across NSW rising from 33 per thousand children in 2007-2008 to 46 per thousand children in 2015- 2016

NSW ombudsman review into the children protection system – NGOs are described as “Decentralised services providing quality assurance frameworks to the welfare of a child”

The Association of children’s welfare agency NGO – identify and respond initiative, counselling, psychologists etc