Nature of Family Law Flashcards
The International Covenant on Civil and Political Rights defines Family Law as…
The natural and fundamental group unit of society entitled to protection by society and the state
What is the purpose of Family Law
- Regulate Relationships
- Distribute Loss
- Protect Children
What section of the Constitution provides the basis for Family Law
Section 51, 52
Provide traditional and contemporary definitions of marriage
Marriage Act (1961) (Cth) defines marriage between “one man and one woman”. However, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) defines marriage as “the union of two people.”
What are the requirements for a valid marriage
- 18+ years old
- A person not of the same pedigree
- Completion of Notice of Intended Marriage Form
- Consent
Adoption Act 2000 (NSW)
Covers the adoption of children and access to information regarding adoption
Child Protection (Offenders Registration) Act 2000 (NSW)
Outlines the requirements of people convicted of certain offences against children
Children (Criminal Proceedings) Act 1987 (NSW)
Sets out court procedures in dealing with children who commit crime
Children (Protection and Parental Responsibility) Act 1997 (NSW)
Outlines the responsibility of parents for the behaviour of their children and allows greater police powers in respect to children and their protection.
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Outlines the responsibilities of Family and Community Services and other agencies regarding the care and protection of children and young people who are at risk of harm or abuse.
Children’s Court Act 1987 (NSW)
Established the Children’s Court of NSW
Status of Children Act 1996 (NSW)
Protects the status and rights of ex-nuptial children - under this they are recognised as having the same rights as children born in a marriage
Young Offenders Act 1997 (NSW)
Outlines the procedures for dealing with child offenders, including Youth Justice Conferencing
A blended family is…
when a parent and their children from a former marriage or relationship live with another parent and children in similar circumstances.
What responsibilities do step parents not have
- Duty to discipline their partners child
- the maintenance or support of their partners child
- duty to make day-to-day decisions concerning the health and welfare of their partners child
What is a de-facto relationship
A relationship between two adults who live together as a couple but are not married to one another.
Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)
Changed definition of marriage to allow same sex marriage
What is a same sex relationship
Couples of the same gender
What is a polygamous marriage
An individual who marries more than 1 person
Section 6 of the Family Law Act 1975 (Cth) deemed
A polygamous marriage entered overseas legal for the purpose of children’s matters, property settlements and other court proceedings.
United Nations Convention on the Rights of the Child (CROC) 1989 declared that
people under the age of 18 must be protected from violence, discrimination, exploitation and neglect.
The Education Act 1900 (NSW) imposed
The duty to ensure that every child receives an adequate education.
Autonomy is
The ability to act without outside interference
The Status of Children Act 1996 (Cth) gave
ex-nuptial children the same rights as those who were born to married parents, determining that all children have the right to be cared for by their parents.
