Disclaimer: I wrote this essay for in class, however by the time I finished I realized that I did too much. I did a reduced copy but didn’t see much point in uploading it. Some parts, like the court and maintenance section, could have a lot more added into it. And some parts could be reduced all together depending on what you need this for. It’s a good essay and I got top marks with it. Hope it helps.
Describe and evaluate the family law provisions about care of children, property allocation and maintenance
a) Explain the decisions that relate to children, maintenance and allocation of property – 8 marks
Children
The Family Law Act states in sections 48 to 50 that before dissolution is dealt with the law must acknowledge the child at first hand because children are more vulnerable. This is also reflected in the underlying principles of the “child’s best interests”, derived from the United Nations Convention on the Rights of the Child which was ratified in 1990.
On the 11th of June 1996 the Family Law Reform Act 1995 (Cth) Came into force, making changes regarding custody and access. Instead of parents having ‘rights’ to children they have ‘responsibilities’ which involve the welfare of children.
The Children and Young Persons (Care and Control) Act 1998 (NSW) treated children as the paramount of consideration and the law was to cater for children in their best interests, as seen in B V B (1997) and stated in section 60D in the Family Law Act.
If a child wishes to divorce their parents with legitimate reasons they can apply to live with their close relative or trusted guardian as seen in the case In the Marriage of A (1981)
The Family Law Reform Act 1995 (Cth) holds objectives to ‘ensure that children receive adequate and proper parenting to help them achieve their full potential’ and it states that child has the right to contact with both parents after a breakdown of a marriage.
In a Contact order however if one parent of the child is...