Family Law Act / Rights Of The Children

Question 1

3 acts/conventions we are focusing on are…

Answer 1

• Family Law Act 1975
• Working with Children Act 2004
• United Nations Convention on the Rights of the Child 1989

Question 2

What is the Family Law Act 1975?

Answer 2

Aim/Purpose: to simplify the process of a divorce and sorting out property and children’s issues.

• best interest of the child/children
• ensures child has both parents in life if possible (they have a right to)
• protecting children from physical/psychological harm
• deals with divorce, division of property and care of children in a separation
• “No fault divorce” introduced … No longer had to prove a party was at fault.
• basis for divorce —- the irretrievable breakdown of a relationship, demonstrated by being separated for 1 year.
• must make an attempt to resolve matters themselves before making an application to the family court.
• must attend a family dispute resolution first ~ this promotes reconciliation and is a less stressful/less expensive way to sort out arrangements with the help of a FDR practitioner.

Question 3

Concepts/Relationship of laws, sanctions and social cohesion…

Answer 3

Laws and sanctions (rules and consequences for breaking those rules) are needed for social cohesion (society working together so that can all get along and be at peace by understanding and obeying the same rules).

Without rules and consequences everything would fall apart and there would be chaos.

Question 4

What is the United Nations Convention on the Rights of the Child 1989?

Answer 4

• aim/purpose: protecting the rights of children taking into consideration the making of laws and having consequences.
• applies to all children under 18
• internationally recognised agreement (treaty)
• for the best interest of the child
• convention sets out the basic rights of children and the obligations of governments to fulfil those rights… Some include:
  /children who come into a country as refugees should have the same rights as children who were born in that country
  /government should provide extra $ for children of families in need
  /children who brake the law should not be treated cruelly, not the same prison as adults and they need to keep in contact with family
  /children with any kind of disability should receive special care and support so that they can live a full and independent life.
  /children have the right to an education and primary education should be free
  /children have the right to know their parents
  ECT - the convention contains MANY rights.

Question 5

What is the Working with Children Act 2004?

Answer 5

Aim/purpose: to protect children by requiring people involved in any child related work to pass a criminal record checking process.

• provide procedures that check the criminal record of people who carry out or propose to carry out work with children
• forbids people who have been charged with / convicted with certain offences from carrying out this work.
• people are not allowed to be paid or do a job without this check
• must apply for this WWC check and are required to have this clearance
• includes all volunteers, employees, self employed
• must be renewed every 3 years
• is to protect children from coming into contact with criminals that could put them in danger/harm. (Eg: previous sex offenders)