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Issues in Family Law
 

Issues in Family Law

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    Issues in Family Law Issues in Family Law Presentation Transcript

    • Family Law Part three, option 1 - issues in family law Term 1 2012Thursday, 16 February 2012 1
    • 1. Same-sex relationships • The Marriage Act 1961 (Cth) excludes same-sex couples. Marital legal status remains ‘single’ • Other countries have recognised same-sex relationships e.g. Belgium, Spain. • The marriage Amendment Act 2004 (Cth) reaffirmed the definition of marriage ‘ the union of a man and a woman’Thursday, 16 February 2012 2
    • International recognition of Gay MarriageThursday, 16 February 2012 3
    • Legal Responses • There have been many law reforms recognising SSR between 2000 – 2009. Definitions have changed to include ‘de facto partner’ ‘couple’ ‘parent’ • Changes to Medicare, tax, social security, superannuation, worker’s compensation and child support. • Adoption for SSR has also been introducedThursday, 16 February 2012 4
    • Rudd on gay marriageThursday, 16 February 2012 5
    • Pm on same-sex marriageThursday, 16 February 2012 6
    • Tony abbott on same sex marriageThursday, 16 February 2012 7
    • Non - Legal Responses • Specific groups continue to lobby for change • E.G Australian Marriage Equality and the Gay and Lesbian Rights Lobby • Lobby groups apply pressure for marriage equality and are not satisfied with civil unions and de facto status • Some sections of the media have been critical of these changes • e.g John Laws in 2004Thursday, 16 February 2012 8
    • Same sex couples and adoptionThursday, 16 February 2012 9
    • Responsiveness of the Law • A significant number of politicians must support legislative reform in order to change the law • The Anti-Discrimination Board of NSW has made many recommendations for law reform • Although Law Reform continues to increase SSR rights, there does not yet exist a political consensus with regards to changing the Marriage Act 1961 (Cth) http://year12-legalstudies.wikispaces.com/videosThursday, 16 February 2012 10
    • Marriage equalityThursday, 16 February 2012 11
    • Thursday, 16 February 2012 12
    • 2. The Changing nature of parental responsibility • In the past – parents gained ‘custody and control’. The courts are more concerned with parental responsibility today • The law aims to ensure positive and supportive family structures even when parents separateThursday, 16 February 2012 13
    • Legal Responses • In more then 60% of parenting plans and orders, children spend more time with their mother • Reforms in 2006 aimed at shared parental responsibility but unfortunately have produced the idea of 50-50 shared care for their children • Major change (2006) ‘substantial and significant time’. This has caused disputes between parents • There still remains the issue of domestic violence involved in parenting plan disputesThursday, 16 February 2012 14
    • Non - Legal Responses • Many institutions can help separating parents negotiate parenting plans • Dadlink • National Council of Women AustraliaThursday, 16 February 2012 15
    • Father’s rightsThursday, 16 February 2012 16
    • Responsiveness of the Law • The law has changed due to social attitudes (father’s roles) • Responsibility is no longer the mother’s role – care and protection • The most obvious legal response has been to equal responsibility and substantial timeThursday, 16 February 2012 17
    • Domestic violence:womenThursday, 16 February 2012 18
    • 3. Surrogacy and birth technologies • Which include: • Artificial Insemination – donated sperm artificially introduced to the vagina • IVF (in-vitro fertilisation) – Resulting embryo is implanted into the uterus • Genetic manipulation • Gene sharingThursday, 16 February 2012 19
    • • Many legal issues arise from this form of technology • Paternity rights of the father • Case B v J (1996) – father refused paying maintenance, arguing that the sperm donor should pay. Court rejected this claim.Thursday, 16 February 2012 20
    • Surrogacy • Couple and a woman agree to bear a child together where the couple looks after newborn • Mother who conceived the child is still the natural mother • Laws differ from state to state which has created inconsistencies, uncertainty and conflictThursday, 16 February 2012 21
    • Overseas surrogacyThursday, 16 February 2012 22
    • Legal Responses • State based law • NSW lacks clear state legislation on surrogacy • The concept of presumption of parentage continues to expandThursday, 16 February 2012 23
    • Surrogacy nswThursday, 16 February 2012 24
    • Non - Legal Responses • Various lobby groups have opposed surrogacy on moral grounds • View that same-sex couples can have children through this technologyThursday, 16 February 2012 25
    • Ivf victoryThursday, 16 February 2012 26
    • Responsiveness of the Law • Federal law has been slow to solve problems: • Clarify rights of all parties involved • Clarify the rights of the child born • Removing inconsistencies between federal and state legislation • This area remains a major focus of law reform due to rapid changes in birth technologiesThursday, 16 February 2012 27
    • Sperm donorThursday, 16 February 2012 28
    • 4. Care and protection of children • All levels of government have passed legislation regarding domestic violence • The Children and Young Persons (care and protection) Act 1998 (NSW) • Amendments to Family Law Act in 2006 (Shared Responsibility) • Reports of domestic violence continue to increase steadilyThursday, 16 February 2012 29
    • Children’s lawyerThursday, 16 February 2012 30
    • Legal Responses • Courts have the power to restrict visiting rights to a parent who is violent • If domestic violence is reported, can be used in court to restrict a family memberThursday, 16 February 2012 31
    • Non - Legal Responses • Many organisations concerning protection of children are involved to improve family issues • Child Abuse Prevention Service (CAPS) • Child Protection and Family Crisis Service • The Benevolent Society • Parenting NSWThursday, 16 February 2012 32
    • Responsiveness of the Law • Review undertaken in 2006 about the NSW child protection system • The legal system accused of acting to slow • In 2007, more than 150 children who had been reported to children services died while still involved with an abusive parent of carerThursday, 16 February 2012 33