Nature of Family Law

Question 1

The International Covenant on Civil and Political Rights defines Family Law as…

Answer 1

The natural and fundamental group unit of society entitled to protection by society and the state

Question 2

What is the purpose of Family Law

Answer 2

• Regulate Relationships
• Distribute Loss
• Protect Children

Question 3

What section of the Constitution provides the basis for Family Law

Answer 3

Section 51, 52

Question 4

Provide traditional and contemporary definitions of marriage

Answer 4

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.”

Question 5

What are the requirements for a valid marriage

Answer 5

• 18+ years old
• A person not of the same pedigree
• Completion of Notice of Intended Marriage Form
• Consent

Question 6

Adoption Act 2000 (NSW)

Answer 6

Covers the adoption of children and access to information regarding adoption

Question 7

Child Protection (Offenders Registration) Act 2000 (NSW)

Answer 7

Outlines the requirements of people convicted of certain offences against children

Question 8

Children (Criminal Proceedings) Act 1987 (NSW)

Answer 8

Sets out court procedures in dealing with children who commit crime

Question 9

Children (Protection and Parental Responsibility) Act 1997 (NSW)

Answer 9

Outlines the responsibility of parents for the behaviour of their children and allows greater police powers in respect to children and their protection.

Question 10

Children and Young Persons (Care and Protection) Act 1998 (NSW)

Answer 10

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.

Question 11

Children’s Court Act 1987 (NSW)

Answer 11

Established the Children’s Court of NSW

Question 12

Status of Children Act 1996 (NSW)

Answer 12

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

Question 13

Young Offenders Act 1997 (NSW)

Answer 13

Outlines the procedures for dealing with child offenders, including Youth Justice Conferencing

Question 14

A blended family is…

Answer 14

when a parent and their children from a former marriage or relationship live with another parent and children in similar circumstances.

Question 15

What responsibilities do step parents not have

Answer 15

• 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

Question 16

What is a de-facto relationship

Answer 16

A relationship between two adults who live together as a couple but are not married to one another.

Question 17

Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)

Answer 17

Changed definition of marriage to allow same sex marriage

Question 18

What is a same sex relationship

Answer 18

Couples of the same gender

Question 19

What is a polygamous marriage

Answer 19

An individual who marries more than 1 person

Question 20

Section 6 of the Family Law Act 1975 (Cth) deemed

Answer 20

A polygamous marriage entered overseas legal for the purpose of children’s matters, property settlements and other court proceedings.

Question 21

United Nations Convention on the Rights of the Child (CROC) 1989 declared that

Answer 21

people under the age of 18 must be protected from violence, discrimination, exploitation and neglect.

Question 22

The Education Act 1900 (NSW) imposed

Answer 22

The duty to ensure that every child receives an adequate education.

Question 23

Autonomy is

Answer 23

The ability to act without outside interference

Question 24

The Status of Children Act 1996 (Cth) gave

Answer 24

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.

Question 25

Section 48 of the Family Law Act 1975 (Cth) removed from

Answer 25

the no-fault clause

Question 26

What do parenting plans ensure

Answer 26

• Equal time with both parents
• Contact with other family members
• Day-to-day care of their children
• Ensure that children maintain their cultural links
• The wishes of the child are accounted for
• The ability of a parent to care for their child