FAMILY Flashcards
(26 cards)
What does family law include?
Family law is a wide ranging law that governs the behaviour of the context of a ‘family.’
- This includes the rights and responsibilities of a family to care and protect its members. The law steps in to govern family relationships in a way that ensures that people within a family are secure and that the children of the relationships are cared for.
List some examples of relationships that reflect the changing nature of family.
- ATSI customary marriages
- De Facto relationships
- Same sex relationships
- Single Parent families
- Blended families
- Extended families
How does the ‘Marriage Act (1961)’ define marriage?
The Marriage Act (1961) declares marriage to be a VOLUNTARY UNION to the exclusion of all others.
EG a formal monogamous relationship with the person you entered the marriage with.
What is the difference between monogamous and polygamous marriages?
MONOGAMOUS - Exclusion of all others means that a marriage can only be between two people.
POLYGAMOUS - The practice of marrying multiple spouses. (Not legal in Australia)
Distinguish between state and federal jurisdiction in family law.
Under s.51 of the Australian Constitution, the Commonwealth has the power and authority to govern marriage and divorce.
NSW have referred their powers to Commonwealth to deal with de facto relationships.
Family law focuses more on reconciliation rather than the use of sanctions.
What are the 5 elements for a valid marriage?
- Mental capacity
- Gender
- Age
- Prohibited relationships
- Notice of marriage
What does MENTAL CAPACITY mean in relation to a valid marriage.
Both individuals engaging the union are sound of mind.
What does GENDER mean in terms of a valid marriage.
Past:
Must be opposite sex. The Marriage Amendment Act 2004 (Cth) reaffirmed this notion and refused to recognise same-sex marriage from overseas.
Present:
Legislation to allow same-sex marriage, the Marriage Amendment (definition and religious freedoms) Act 2017, passed the Australian Parliament on the 7th December 2017 and received royal assent from the Governor-General the next day.
What does AGE mean in terms of a legal requirement for marriage?
Section 11 states that two people must be over the age of 18 to marry.
Section 12 states that a couple aged 16 and 18 may apply to a magistrate for permission.
What PROHIBITED RELATIONSHIPS exist in relation to legal requirements for marriage?
Cannot marry close relations by consanguinity (blood) or affinity (marriage).
Cannot marry you parents or siblings or step parents/siblings although you may marry cousins.
What does NOTICE OF MARRIAGE mean in relationship to a legal requirement for marriage?
A notice of intended marriage must be signed by a registered celebrant at least a month before the wedding.
Proof of age must be provided (usually birth certificate)
In accord Dance with the Marriage Act, what are some reasons for the annulment of marriage?
- Parties are the same sex (amended in 2017)
- Consent was not freely given (married under duress)
- One or both parties are already married
- One or both parties are underage
- The parties are too closely related by affinity or consanguinity
- Marriage isn’t in line with the Marriage Act (Cth)
What are the requirements for a marriage ceremony?
- A registered celebrant
- Signing of a marriage certificate
- Witnesses sign the document (over 18)
- Celebrant informs the parties of the nature of the relationship
ALTERNATIVE FAMILY RELATIONSHIPS
ATSI Law Marriages
Why are ATSI Law Marriages not legally recognised?
ATSI traditions in relation to marriage do not usually follow the Marriage Act 1961 (Cth) which means that they are not legally recognised.
ALTERNATIVE FAMILY RELATIONSHIPS
Single-parent families
What are some factors influencing the rise in single parent families?
- Increasing number of divorces
- Changes in social attitudes, such as where on parent (usually the mother) may decide to have a child or children without getting married.
- Improved welfare
- Greater financial independence of women
ALTERNATIVE FAMILY RELATIONSHIPS
Single-parent families
Statistics:
__% Aus families are single parents
__% Single parent families are single mother families
__% Children are form a single parent family
15% of Aus families are single parent
81% of single parent parent families are single mother families
18% children are from a single parent family
ALTERNATIVE FAMILY RELATIONSHIPS
Blended families
What is a blended family?
A blended family is one in which a married or de facto couple lives with two or more children aged from birth to 17 years, of whom at least one is the natural or adopted child of both members of the couple.
ALTERNATIVE FAMILY RELATIONSHIPS
De Facto Relationships
In accordance with the Family Law Act 1975 (Cth) what three things define a de facto relationship?
- Partners are not legally married
- No relation via consanguinity or affinity
- A couple living together on a genuine domestic basis
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN
What does the ‘Adoption Act 2000 (NSW)’ cover?
Adoption of children and access to information relating to adoption.
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN
What does the ‘Child Protection (Offenders Registration) Act 2000 (NSW)’ cover?
requires persons convicted of committed offences against children to register with police following their release.
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN
What does the Children (Protection and Parental Responsibility) Act 1998 (NSW) cover?
Responsibility of parents for the behaviour of their children and greater police powers in dealing with children.
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN
What does the Children and Young Persons (Care and Protection) Act 1998 (NSW) cover?
Responsibilities of the NSW Department of Community Services (DOCS) in dealing with children as risk of abuse.
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN
What does the ‘Status of Children Act 1996 (NSW)’ cover?
Enshrines the rights of ex-nuptial children to be treated the same as those born in the marriage. Allows parents to be DNA tested by court order.
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN
What does the ‘Young Offenders Act 1997 (NSW)’ cover?
procedures for dealing with child offenders, including YJC, cautions and avoiding court where possible.
