Legal-Family Issues

The nature of family arrangements and the law’s treatment of them, it is often very difficult to achieve justice for all individuals and society as a whole. The laws are dealing with marriage and alternative family arrangements can be seen as achieving justice for society in a difficult and changing area. It is the law’s role to maintain a cohesive, equitable and legal society and to do that it must exercise some control over family arrangements and care for children.
The concept of equality is a difficult one when it comes to the issues discussed in family law. The aim of   most areas of family law is to protect those who are disadvantaged by relationships, give rights to individuals, enforce responsibilities on individuals and couples, and to resolve disputes with as little disruption as possible. Law regarding the care of children after a marriage breaks down were changed substantially by the Family Law Reform Act 1995(cth). Under this Act, which amends the Family Law Act 1975 (cth), parents whether married or not, both have responsibility for the care and welfare of their children.   In the areas of parenting plans or orders and child support the Federal government has established enforcement procedures. Non-payment of child support will be referred to the Child Support Agency (CSA) who will collect and enforce payments. The idea of parental responsibility replaces that of guardianship defined as the long term responsibility for a child. However, the control that parents exercise over their children diminishes as their offspring get older. For example, under the Gillick competency a child may make personal choices, such as selecting their own doctor, from about 14 years of age. Parenting plans and parenting orders are setting on the best interest of the child. The court will consider the wishes of the child, the effect of changing the existing living conditions of the child, the right of the child to contact with both parents and the need to protect the child...