Family Law - Responses to problems in family relationships - Legal rights and obligation of parents and children Flashcards
What happened to children whose parents had died in the 1800s?
They were to left to fend for themselves, however slowly a more progressive view prevailed.
Why was legislation implaced?
To remove children from families and place them in care when their own family failed to protect them
Why was the CRoC adopted by the general assembly of the UN?
It was an effort to improve the recognition of the rights of children.
When did Australia ratify CRoC?
In 1990
Family Law Act 1975 places the interests of the child as paramount
when determining residency, access and maintenance.
What is the responsibility of the Family and Community Services (FaCS)?
It has the responsibility of removing children from families where they could be or are placed in danger
What legislation allows the Children’s Court of NSW the power to remove the child from its parents/guardians if child is abused or neglected?
Children and Young Persons (Care and Protection) Act 1998
Why did the Family Law Amendment (Shared Responsibility) Act 2005 amend the Family Law Act 1975?
To lay out the primary objective of shared parental responsibility and emphasize the Childs right to a meaningful family relationship and care, rather than either parents ‘right’ to have a child live with them.
Guardianship Act 1987 deal with?
It deals with people who are incapable of making decision themselves because of disability.
What is the autonomy of a child?
As a child ages the control by the parents decreases as they approach eighteen.
When it comes to corporal punishment the law is not clear. What des the common law state?
It states that physical punishment of a child is acceptable as long as it was ‘reasonable’ and ‘moderate’.
What did the Crimes Amendment (Child Protection - Physical Mistreatment) Act 2001 introduce?
It introduced amendments which state that harm to a child more than briefly is unacceptable and specifies the parts of a child’s body that can be subject to force.
The law will not interfere ……
unless the child is neglected or abused where upon the Community Services will decide if an application should be made to the Children’s Court to remove that child from such an environment.
Every child has the right to education under which legislation?
CRoC
