xanthanotus
Member
FAMILY LAW – LEGISLATION.
Marriage Act 1961 (Cth)
Out lines what constitutes a valid and not valid marriage.
Valid = Union of man and women voluntarily entered into for life to the exclusion of all others.
Invalid = marriageable age, prohibited degrees of relationship, notice of marriage, valid marriage ceremony, not consented to.
Family Law Act 1975 (Cth)
Governs divorce law – “irretrievable breakdown of marriage”.
Established the family court.
Maintenance of spouse.
Both parents have responsibility for care of children.
Moved focus from parent’s rights to parental responsibility and the Childs rights.
Took into consideration non financial contributions into marriage. Greater equality.
Matrimonial Causes Act 1959 (Cth)
Provided 14 grounds for divorce.
Including 5 years of separation – first time no fault divorce was available.
Now replaced by family law act 1975
Family Provisions Act 1966 (Cth)
Property was left to the spouse, spouse children and siblings in that order.
Replaced by family provisions act 1982.
Family provisions act 1982 (Cth)
Covers any person who was at any time dependent on the deceased as well as grandchildren or any one who was a member of the deceased’s household – including Defacto.
Provides for people who have not been provided for in the will.
UN declarations on the rights of the child 1989
Ratified by Australia in 1990.
Rights of the child is “paramount”
Education reform act 1990 (NSW)
Children must attend school for 6 to 15 years of age.
No school in NSW can use corporal punishment.
Minors (property and contracts) act 1970 (NSW)
May seek their own dental and medical advice after the age of 14.
Allow minors in NSW to enter contracts if it is seen that the contract will benefit the child.
Children (equality and status) act 1976 (NSW)
Removed discrimination between nuptial and ex nuptial children.
Defacto relationships act 1984 (NSW)
Provides legal definition of Defacto relationship – “a relationship in which two people live together in a good faith relationship without being legally married”. Davies v sparks 1990 confirmed definition.
Protection of individuals on breakdown of relationship.
Artificial conception act 1984
Prohibits commercial surrogacy (paid). Altruistic surrogacy okay.
Adoption of children act 1965.
Adopted children have the exact same legal rights as children born in to marriage.
Adoption information act 1990 (NSW)
Allows for adopted child to make contact with birth parents if both parent and child have placed name on register.
Children (care and protection) act 1987 (NSW)
Outlines reasonable discipline – age, size, punishment etc.
Act examines the relationship between children and parents and the irretrievable breakdown of marriage.
Replaced by the Children and young persons care and protection act 1998 NSW.
Child support assessment act 1989 (Cth)
Established the child support agency, which will enforce regular payments of child maintance.
Marriage Act 1961 (Cth)
Out lines what constitutes a valid and not valid marriage.
Valid = Union of man and women voluntarily entered into for life to the exclusion of all others.
Invalid = marriageable age, prohibited degrees of relationship, notice of marriage, valid marriage ceremony, not consented to.
Family Law Act 1975 (Cth)
Governs divorce law – “irretrievable breakdown of marriage”.
Established the family court.
Maintenance of spouse.
Both parents have responsibility for care of children.
Moved focus from parent’s rights to parental responsibility and the Childs rights.
Took into consideration non financial contributions into marriage. Greater equality.
Matrimonial Causes Act 1959 (Cth)
Provided 14 grounds for divorce.
Including 5 years of separation – first time no fault divorce was available.
Now replaced by family law act 1975
Family Provisions Act 1966 (Cth)
Property was left to the spouse, spouse children and siblings in that order.
Replaced by family provisions act 1982.
Family provisions act 1982 (Cth)
Covers any person who was at any time dependent on the deceased as well as grandchildren or any one who was a member of the deceased’s household – including Defacto.
Provides for people who have not been provided for in the will.
UN declarations on the rights of the child 1989
Ratified by Australia in 1990.
Rights of the child is “paramount”
Education reform act 1990 (NSW)
Children must attend school for 6 to 15 years of age.
No school in NSW can use corporal punishment.
Minors (property and contracts) act 1970 (NSW)
May seek their own dental and medical advice after the age of 14.
Allow minors in NSW to enter contracts if it is seen that the contract will benefit the child.
Children (equality and status) act 1976 (NSW)
Removed discrimination between nuptial and ex nuptial children.
Defacto relationships act 1984 (NSW)
Provides legal definition of Defacto relationship – “a relationship in which two people live together in a good faith relationship without being legally married”. Davies v sparks 1990 confirmed definition.
Protection of individuals on breakdown of relationship.
Artificial conception act 1984
Prohibits commercial surrogacy (paid). Altruistic surrogacy okay.
Adoption of children act 1965.
Adopted children have the exact same legal rights as children born in to marriage.
Adoption information act 1990 (NSW)
Allows for adopted child to make contact with birth parents if both parent and child have placed name on register.
Children (care and protection) act 1987 (NSW)
Outlines reasonable discipline – age, size, punishment etc.
Act examines the relationship between children and parents and the irretrievable breakdown of marriage.
Replaced by the Children and young persons care and protection act 1998 NSW.
Child support assessment act 1989 (Cth)
Established the child support agency, which will enforce regular payments of child maintance.
