The effectiveness of law in achieving justice for family law has needed to be dynamic in order to reflect changing social values and new concepts of justice for individuals. It has been challenging due to the criticism which has been ongoing because of conflicting interests of parties. However individuals have achieved positive outcomes in these cases including same sex relationships, shared parental responsibility and protection of children. The law has focused on the rights of family relationships and divorce, the legal system aims to provide a fair and equitable outcome for parties and individuals.
The legal system has recognized same sex relationships, there has been increased equality in terms of same sex- couples’ rights. Previously same sex couples had no rights in the law as they weren’t recognized in the ‘Marriage act 1961(Cth). Since the ‘Family Law Act 1975(Cth) it has stated that de facto relationships can exist whether the persons are of the same sex or different sexes. Therefore, the Family Law Act governs property settlements between separating same sex couples.
Australian Human Right Commission’s report “Same Sex: Same Entitlements recommended changes to federal laws that discriminated against same-sex couples and their children.The media has helped influence public opinion. In 2002 two bills introduce into Parliament at the same time to allow gay marriage. Doomed to fail due to a lack of support from the Coalition. The introduction of these new laws has increased equality to same sex marriage couples, but the federal legal system does not completely respond to achieving justice for sex same couples.
The legal system has focused on shared parental responsibility and protection of children which means Family Law were ensuring parents fulfill their legal obligations in relation to their children.Prior to the 2006 reforms, father groups had a perception that judges (in general) applied the “80/20 rule” – that unless there was abuse or neglect...