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Flashcards in Family: Changing nature of parental responsibility Deck (29):
1

what amended historical laws which meant children were father's property & that mother had no automatic guardianship if father died

Guardianship of Infants Act 1934 (NSW)

2

Matrimonial Causes Act 1959 (Cth)
Impact

More divorces = more single parent families with sole responsibility, many children only knew one parent.

3

Family Law Act 1975 (Cth) defines parental responsibility as

“All the duties, powers, responsibilities and authorities, which by the law parents have in relation to their children.”

4

The concept of parental responsibility changed from parental rights 'custody and control' in 1900's

to being focused on the notion of shared parentla resonsbitliy that parents must fulfil their legal obligations to their children, eg. care and control, medical treatment.

5

impact of Family Law Act 1975 (Cth) for families and responsibilties

Divorce easier, and established maintenance payments,
- Many father’s in unmarried families failed to take financial responsibility
- It’s the conflict btw parents not living arrangements that’s most detrimental to child

6

What case highlighted the changing nature of parental responsibility where joint resp. orders made for gay couple after Mark born at commercial surrogacy clinic in US?

• Re Mark FC 2004:

7

• Re Mark FC 2004: shows

joint resp. orders made for gay couple after Mark born at commercial surrogacy clinic in US. (Shows changing nature of parental resp. & reflection of changing values & ethical standards)

8

What case signified a major shift towards parental responsibility?

• R v BW & SW 2009 (baby Ebony) highlights parental responsibility, mother found guilty of murder & given life sentence (reduced to 30yrs in 2013)

9

impact of Status of Children Act 1996 (NSW)

Recognised ex-nuptial children,
 Made it harder for fathers to ignore $ responsibility

10

what act Recognised ex-nuptial children,
 Made it harder for fathers to ignore $ responsibility

Status of Children Act 1996 (NSW)

11

1998 introduction of Child Support Scheme under what act and the impact of the act

Child Support (Assessment) Act 1989 (Cth)
++Harder for liable parents to avoid paying maintenance

12

• 2008: Changes to formula of Child support scheme to include

cost of regular overnight stays encouraged notion of shared parental responsibility.

13

Effectiveness of 8: Changes to formula of Child support scheme to include cost of regular overnight stays encouraged notion of shared parental responsibility.

2008 study by Dep. Fam, Housing Community Services & Indigenous Affairs: 76% parents approved of changes

14

2008 ‘Worthy & Unworthy Winners’ (SMH) :

Minister for Human Services Joe Ludwig reported: only 50% paying parents payed on time and in full & many failed to lodge tax returns & many were avoiding child support through income minimisation schemes.

15

Minister for Human Services Joe Ludwig reported: only 50% paying parents payed on time and in full & many failed to lodge tax returns & many were avoiding child support through income minimisation schemes.

2008 ‘Worthy & Unworthy Winners’ (SMH) :

16

Family Law Amendment (Shared Parental Responsibility Act) 2006 (Cth)

• ‘best interests of child’ paramount
• presumption in favour of both parents have resp. to raise child & this should be shared. but this presumption removed in cases of violence and abuse
• ‘substantial & significant time’ w. parents to form meaningful relationship

17

What organisations influential in bringing about
Family Law Amendment (Shared Parental Responsibility Act) 2006 (Cth)

Dad’s In Distress & other NGOs v. v. influential in bringing forward changes
(NGOs provide advice & support for parents & children)

18

Effectiveness of Family Law Amendment (Shared Parental Responsibility Act) 2006 (Cth)
by what report?

‘Family Matters’ report 88 AIFS 2011 reported an increase in prevalence of shared-time arrangements, but still in minority--> still no absolute presumption of equal time and shared parenting

19

Other effective/positive aspects of family Law Amendment (Shared Parental Responsibility Act) 2006 (Cth)

 + In accordance with UNCROC
 + Parenting plans less formal, increasing accessibility to law
 + Aims to protect children, esp. in cases of DV where presumption of shared responsibility removed

20

BAD aspect of family Law Amendment (Shared Parental Responsibility Act) 2006 (Cth)

- Provisions regarding DV still aren’t enough & children could still spend time with abusive parents
---->victims could be discouraged from reporting domestic violence due to the friendly parent provisions.

21

Child Protection Amendment Act 2013 (NSW)

 Increased early intervention
 Expansion of Parental Responsibility Contracts (to improve parenting skills) to support expectant mothers w. substance abuse issues.
 Courts can now consider open adoptions as a permanent sol’n to foster care.

22

What act Focus on keeping young people safe by:
Increased early intervention
 Expansion of Parental Responsibility Contracts (to improve parenting skills) to support expectant mothers w. substance abuse issues.
 Courts can now consider open adoptions as a permanent sol’n to foster care.

Child Protection Amendment Act 2013 (NSW)

23

What agent of reform led to Child Protection Amendment Act 2013 (NSW)?

“Child Protection Australia 2012-2013", Australian Institute of Health & Welfare

24

• Adoption Amendment (Same-Sex

Couples) Act 2010

25

Following initial spike in divorce and rise of single parent families after the est of the FLA 1975, what was a new concept that emerged?

notion of the 'enduring family', by which a family remains a unit, yet a bipolar one. (Théry, 1986), this is reflected through recent reforms which reject the notion that divorce can dissolve families and not just the marriage.

26

In 2005, former Family Chief Justice Alistair Nicholson commented that the proposed bill ‘requiring the court to consider whether children in custody disputes should spend equal time with both parents’ was “more or less an attempt to,

if you like, pander to the strong pressure that's been put on the Government by various militant fathers' groups.” (The Age, 2005, ‘Child custody bill flawed’).

27

The 2009 ‘Family Courts Violence Review’ by Professor Chisholm, found that the new provisions of recognising ‘the willingness of each

of the children’s parents to encourage a close and continuing relationship between the child, and the other parent,’ and the imposition

28

The 2009 ‘Family Courts Violence Review’ by Professor Chisholm, found that the new provisions of recognising ‘the willingness of each of the children’s parents to encourage a close and continuing relationship between the child, and the other parent,’ and the imposition

of one partner’s legal fees onto partners who made vexatious claims or denials in regard to family violence were putting largely women and children at risk, with many discouraged from reporting abuse.

29

what was the significance of the 1995 reforms ot the FLA 1975?

a number of new legal concepts altering language "'parental responsibility", "residence" and "contact"
replacing language of 'guardianship, custody and access'

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