Family law in Australia

Family Law in Australia identifies the underlying principles of family law by examining the historical, social and legal background to the present law. It discusses the evolution of family law in its contemporary context and critically evaluates patterns of past and future reforms. The eighth edition of Family Law in Australia has been restructured and fully revised by a team of authors highly experienced in family law. The comprehensive, detailed and accessible analysis of key family law issues and their positioning in the social environment make this text invaluable both for practitioners and for scholarly and vocational study in law. Features: New chapter added on dispute resolution in family law; Coverage throughout of recent case law and legislation including changes in parenting, property and de facto relationships; Includes material on the psychological context of family breakdown and attachment theory; Family violence chapter rewritten including consideration of the impact of legislative amendments. Table of Contents 1. Law, Society and the Family 2. Dispute Resolution in Family Law 3. Family Violence and Abuse 4. Constitutional Powers and the Family Courts 5. Marriage and De Facto Relationships 6. Nullity, Divorce and Termination of De Facto Relationships 7. Parentage 8. Child Related Disputes: The Legislative Framework 9. The Exercise of Discretion in Reallocating Parental Responsibility 10. Financial Support of Married and De Facto Partners 11. Financial Support of Children 12. Property Distribution on the Breakdown of Marriage: Preliminary Issues 13. Property Distribution on the Breakdown of Marriage: Adjustment Issues 14. Property Distribution on the Breakdown of Marriage: Additional Issues 15. Property Distribution on the Breakdown of a De Facto Relationshi

Family violence and family law in Australia: the experiences and views of children and adults from families who separated post‐1995 and post‐2006

[Extract]This research project was commissioned by the Commonwealth Attorney‐General’s Department, Canberra, and sought to discover the impact of family violence during and after (parental) relationship breakdown, from the perspective of children and parents, and the impact of the amendments to the Australian Family Law Act 1975 implemented by the Family Law Amendment (Shared Parental Responsibility Act) 2006. Specifically our brief was to discover parents and children’s perspectives on: 1. the effect that a history of or existence of violence within the relationship has on the decisions that people make about accessing the courts and dispute resolution services 2. the effect that a history of or the existence of violence within a relationship has on the decisions people make while they are at courts and at dispute resolution services 3. the effect that a history of or the existence of violence within a relationship has on post-separation parenting arrangements. To inform the research process, the researchers first of all conducted a review of the literature. Research Background: This research project was commissioned by the Commonwealth Government Attorney-General’s Department in relation to the operation of the family law jurisdiction. Research Contribution: The research aimed to discover parents' and children’s perspectives on: 1. the effect that a history/the existence of violence within the relationship has on decisions that people make about accessing the courts and dispute resolution services; 2. the effect that a history/the existence of violence within a relationship has on decisions people make while they are at courts and dispute resolution services; 3. the effect that a history/the existence of violence within a relationship has on past-separation parenting arrangements. Research Significance: The research sought to discover the impact of family violence during and after (parental) relationship breakdown, from the perspective of children and parents, and the impact of the amendments to the Australian Family Law Act 1975 implemented by the Family Law Amendment (Shared Parental Responsibility) Act 2006

Family violence and family law in Australia: the views and experiences of children and adults from families who separated post-1995 and post-2006

The new family law legislation of 2006 was introduced as offering a stronger framework for the protection of adult victims and children from family violence. However, this view was disputed by many professionals prior to the introduction of the legislation and the creation of the many new services to support it. Shortly after the implementation of the legislation, disquiet emerged about its impact on the management of family violence following parental separation and divorce. By early 2009, the new Commonwealth Government had announced an unprecedented series of enquires into aspects of the working of the new legislation, with all except one being primarily concerned with family violence. This paper will present some of the findings of one of these enquiries, the Monash/Uni SA/James Cook enquiry into family law and family violence, aimed at discovering what former partners and children had experienced in their use of the family law socio-legal services before and after the new legislation, what their views of the services were and how violence influenced their separation and post-separation decision making. The project tapped the views and experiences of over 1,000 adults and children who separated post-1995 and post-2006, using: online surveys for adults and children, call-back interviews with a sample of adults from that group and phone-ins with adults and children in Queensland and South Australia. The project canvassed males and females from all states and all walks of life, including most ethnicities and Indigenous people

“If You Don't Like Gay Marriage, Don't Get One!”: A Qualitative Analysis of Attitudes Toward Same-Sex Marriage in South Australia

Prejudice against sexual-minority groups has continuously declined in Australia over the past several decades, yet inequality in marriage policy that denies legal recognition of same-sex relationships remains. Social role theory suggests this may be due in part to traditional beliefs about gender roles that fuel concerns regarding the ability of same-sex couples to raise children because they violate these social norms and roles. The current study identified reasons behind support of, or opposition to, same-sex marriage. Data were collected from a community sample (n = 536) in South Australia through an open-ended question included on a larger survey. Content analysis suggested that gender role norms do play a part in negative attitudes toward same-sex marriage as well as perceptions of same-sex couples' ability to raise children. Our findings also revealed heteronormativity embedded in the responses of participants both for and against marriage equality. Implications for advocacy efforts focused on marriage equality, parenting by same-sex couples, and the focus for future research endeavours in this substantive domain are discussed.</p