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Friday, March 22, 2019

Australian Family Law Essay -- Family Law

In this day and age there are many variations of what constitutes a couple or family in coincidence to many years ago. Long ago the idea of a nuclear family was considered the norm it consisted of the conventional husband, wife and children . But as our society progressed through with(predicate) the years this definition became less conventional and criticisms were made, this definition of family did not history for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed oer sentence, as have the socially defined roles of mothers and fathers. Within these varied family units, stances take place in which divorces and separations take place and a lot of the times these satiny situations may involve children, which put forward make an already tricky situation even more problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the time their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of struggle resolution such as mediation, albeit with its own criticisms, helps to keep tellingships afoot in that it provides an opportunity for peaceful and mutual agreements to be made in a more laid back environment.In the Commonwealth of Australias character Act s 51, powers of the Commonwealth Parliament to legislate on family justice subjects is laid out, it states The Parliament shall, subject to the Constitution, have power to make laws for the peace, order, and replete(p) government of the Commonwealth with respect to (xxi) pairing (xxii) Divorce and matrimonial causes and relation thereto, parental rights and the custody and guardianship of inf... ...amily Law, 4th edn, Lexis Nexis, AustraliaMcDonald, P 1984, Can The Family brook? - Change in Australia, Discussion Paper no. 11, Australian constitute of Family Studies, accessed 10 April 20 12 http//www.aifs.gov.au/institute/pubs/dp11.htmlCommonwealth of Australia Constitution Act s 51, hustling 2003, Accessed 3 April 2012, http//fedlaw.gov.au/comlaw/comlaw.nsf/440c19285821b109ca256f3a001d59b7/57dea3835d797364ca256f9d0078c087/$FILE/ConstitutionAct.pdfCommonwealth Consolidated Acts, Family Law Act 1975, Australasian Legal Information Institute (Austlii), http//www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/ Goode v Goode (2006) FamCA 1346 (http//www.familylawwebguide.com.au/attachment.php?id=43&keep_session=21863255)Marriage Act 1961 (Cth)Family Law Act 1975(Cth)s 60Is 60CCs 60CC (3)(a)s 60CE61DAs 65DAA

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