Responses To Problems In Family Relationships Flashcards
(16 cards)
Define divorce
The legal dissolution of marriage
What was Matrimonial Clauses Act 1959 (Cth)
Before 1974, married couples who wanted to divorce had to apply under the act. It established fault based evidence (14 grounds for divorce)
Family Law Act 1975 (Cth)
Removed all other grounds for divorce and established Family court of Australia. No fault divorce with s48 stating the only ground for divorce is the irretrievable breakdown of a marriage
What is involved in the separation process?
-3 months reconciliation period
- 12 month period separation no shared living, sleeping, finances
- decree nisi (initial Family Court Order that is made to indicate the intended termination of a marriage)
- decree absolute (final decree of the dissolution of marriage)
What are included in parenting arrangements?
Parenting plans - A voluntary written agreement between parents given by division 4FLA Family Law Reform Act
Consent orders - A formal agreement that parents apply to a court for approval (if parenting plan is not agreed upon, consent orders is applied)
Parenting orders - A court order made by a judge when parents cannot agree on arrangements
How are parenting arrangements effective?
- Focuses on the best interests of the child
- Legally binding
-Promote agreement between parents -> shared responsibility
How are parenting arrangements ineffective?
Although parenting orders are legally binding, individuals can still refuse to recognise the legal system. There is no police enforcement mechanism as non-compliance is still a civil matter. The contravention application to the FCFCOA is costly (Obscenely high: how family courts are destroying parents and their children, The Guardian, 2017) and lengthy —> children are at risk (The rise of a ‘dangerous’ ideology among parents is causing havoc in custody disputes, The Guardian, 2024)
What is involved in allocation of parental responsibility?
The court will allocate parental responsibility based on what is best for the child in each case when determining a parenting orders
How did the Family Law Amendment Act 2023 (Cth) affect allocation of parental responsibility?
Introduced changes to how courts allocate parental responsibility. Section 61DA of Family Law Act 1975 previously emphasised equal shared parental responsibility (equal time + equal responsibility for decisions regarding the child)
The amendment removed ESPR and changed primary consideration to be the ‘best interests of the child’
How has allocation of parental responsibility been effective in dealing with problems in family relationships?
‘The problem is so big it’s paralysing.. the latest figures show almost all custody disputes involve serious allegations against one or both partners with 91% having major risk factors such as family violence, child abuse, serious mental health issues and substance issues’ (Social and gender biases have bled into family law and child protection systems, family violence expert says, ABC News, 2024)
What is involved in child maintenance?
Governed by Child Support (Assessment) Act 1988 (Cth) and Child Support (Registration and Collection) Act 1988 (Cth) with Child Support Agency administering these acts
Ensures both parents contribute to the financial support of the child. The CSA considers income, amount of children, age of children, amount of time parent spends with child and other dependent children when deciding
Can be managed through CSA as intermediary or private agreement between parents
If non compliant CSA can take enforcement action
How has child maintenance been effective in dealing with problems in family relationships?
- alleviates poverty amongst single parent families
- supports gender equity in parenting
How is child maintenance ineffective?
‘Professor Cook said 84% of those who paid child support were men, meaning it was women who depended on it’. Despite this ‘child maintenance has not factored in cost of living, medical expenses and children with special needs’. Moreover, more than 218000 in child maintenance scheme owe debt, accumulating in a collective $1.7b in unpaid child support (The Child Support payment system is outdated and not fit for modern parenting according to critics, ABC News, 2024)
(New report reveals how Australia’s child support system facilitates economic abuse of women, Women’s legal services Australia, 2024) —> system places heavy onus on women victims to prove non compliance or financial abuse which is difficult in abusive dynamics
What is involved in the property?
If couple is in dispute over allocation of property —> Family Court. If unsuccessful, the court can make orders. Under the Family Law Act 1975 (Cth), superannuation is treated as property. Under ss 75 and 79, both financial and non-financial contributions to the property are taken into account in division of property
How is property effective?
A promotion of equitable distribution emphasises the value of non-financial contribution. Kane and Kane decision is saying that the role of the homemaker and parents is a significant role that shouldn’t be undervalued’ - Mr Thompson, member of family issues committee of Law Society NSW. (Wealthy’s divorces are likely to end in even split after Family Court challenges doctrine, SMH, 2014)
How is property ineffective?
Being settled in the Family Court, property disputes can impose significant financial burden on survivors of domestic violence (Survivors fleeing DV can lose much more than their home, The Guardian, 2024)
