FAMILY LAW: STUDY NOTES
empowers the Children’s Court to remove the child. It also broadenedthose legally required to report suspected abuse.
Children have a right to receive education
Children have a right to receive health care up to age 14.
Parents have a right to discipline their children – it musthowever be reasonable.
Inheritance: if a dependent child is excluded from a parent’swill, the
Family Provision Act 1982 (NSW)
can insist in adequateprovision of the child from the sill.
Australia is a signatory to the
United Nations Convention on theRights of the Child
– ratified it in 1990. The Family Law Reform Act1995 was drafted with specific intention of including the convention –especially in the ‘best interest of the child’
The Artificial Contraception Act 1984 (NSW)Status of Children Act 1996 (NSW)
covered paternity and the statusof children conceived artificially.Ethics committees attached to IVF clinics address many of theconcerns as the law is largely slow to change and not comprehensive.In 1988 the National Bioethics Consultative Committee wasestablished to inform state and federal government aboutadvancements.
Adoption Act 2000 (NSW), focusing on adoption that is primarily aservice to the child. The NSW Law Reform Commission reviewed theAdoption of Children Act 1965 (NSW) in 1997. It proposed reformssuch as open adoption.
The Children (Equality of Status) Act 1976 (NSW) gave ex-nuptialchildren the same rights as other kiddies.
Problems in Family Relationships:-
Domestic Violence is 98% against women.A 1991 study by the Domestic Violence Committee revealed that onethird of Australian responders stated that they believed that domesticviolence was a private matter.
Legal services available for victims such as the DomesticViolence Advocacy Service
Legal actions to protect victims – ADVO’s, interim orders,criminal assault charges
3R I Z W A N Z A F A R