How effective have changes to family law been in reflecting changing social values? Family law in Australia has taken dramatic and radical turns. These changes have occurred almost simultaneously with the changing values and lessons of the society over the past couple of decades. These transformational changes have brought about remarkable efficiency in many imperative facets of family relations primarily related to marriage, divorce, child custody, and domestic violence. It is the dynamic nature of these reforms that characterizes a legal framework in continuous evolution, impelled by diverse changes within society and new emerging challenges within families. The achievement of success with these reforms will lie in how changes made within …show more content…
Thus, the Family Law Amendment Act 2006 (Shared Parental Responsibility) marked a landmark law that propelled the concerned shared parental responsibility between moms and dads in caregiving situations. The reform was thus embedded in broader strategies concerning women's care after separation. The legislative change will remain consistent with the current social atmosphere, characterized by an emphasis on gender equality and the fair distribution of parenting. Also, by legislating shared parental responsibility, Australia made a regulatory statement with regard to the value of both parents to a child's care and, equally reverberating, the women's capacity to follow careers and developments without forensic and debilitating interference in child-rearing. Another illustration is that of the Paid Parental Leave Act 2010, which provides for eligible working parents to take time off work to care for their newborn or adopted child by providing the requisite financial support at the very early stage of the life of the child. This act makes sure that mothers and fathers get an equal chance to bond with the child and hence have equal responsibilities in taking care of the child without bearing financial difficulties. Moreover, the Paid Parental Leave Act 2010 supports contemporary social values in …show more content…
The Family Law Legislation Amendment, otherwise known as the (Family Violence and Other Measures) Act 2011, expanded upon the interpretation given to family violence and focused on the component of the safety of children and victims involved in the proceedings of family law. This landmark amendment acknowledges the severity and prevalence of domestic violence and brings legal responses more in line with contemporary understandings of personal safety and human rights. Further, at this stage of legal development, an expanded definition of family violence allows for a greater scope of abusive behaviors to be covered and, consequently, better protection for victims. For example, the Family Court of Australia in the case of Kennon v. Kennon [1997] FamCA 27 accepted that family violence could have serious consequences on the contribution of a spouse while making their remarks. The court also took into account the comments, referring to the psychological and emotional effects of the violence to which Mrs. Kennon was subjected and how this curtailed her ability to make effective financial contributions to the marriage. By acknowledging that family violence goes beyond physical harm, the court decided that non-financial contribution and the emotional toll of abuse, therefore, had to be taken into account. Through the ruling,
Weeks, W & Quinn, M. (2000). Change and impact of restructure on Australian families: An introduction to key themes. Issues facing Australian families: Human services respond. Longman.
McDonald, P 1984, Can The Family Survive? - Change in Australia, Discussion Paper no. 11, Australian Institute of Family Studies, accessed 10 April 2012 http://www.aifs.gov.au/institute/pubs/dp11.html
This policy allows working couples to choose how they balance their work and parenting commitment to their new baby. The first two weeks are reserved for the mother but the remaining fifty weeks can be shared between both parents (Glegg, Swinson, 2013).This will definitely give chance to fathers to bond with their infants on an equal footing with the mother. Sarkadi, et al (2007) also suggests that policies should be made that fathers of young children may choose to do part time jobs so they can have time with their
Recent amendments to Queensland and Federal Legislation have not solved the problem of domestic violence in Queensland, let alone Australia. Domestic violence involves both physical and emotional behaviour with the patterns of this behaviour centred on power and control for the abuser. Legislation involved in protecting women and men in a domestic violence relationship has been amended to better protect victims. On the other hand, there is an escalating social and legal issues with domestic violence within Australia. Recommendations need to be done to amend Australia legislation, to add protection to victims of domestic violence. Domestic violence is growing rapidly within Queensland and Australia and needs further change to legalisation
...ion of Australia. This campaign aims at promoting rights for shared equal parenting, with amendments to the Family Law Act 1975 (Cth) in 2006; of which dealing with family matters and relationship strains in non-court-based services to ensure that children are able to maintain an earnest relationship with both of their parents subsequent to a divorce. Thus, the role of such pressure groups are aimed at community empowerment and taking action in the area of law reform as the values of society continue to change.
With no pay and the risk of losing their jobs--if additional time is requested--parents return to work in as little as two weeks after the birth of a child. This results in the absence of one or both parents during the most crucial part of a child’s life—the first year of life. Ultimately, it is the children who will suffer. The events that take place in the early years of a child life, as well as the people that surround, will influence who they become. Children need love and guidance from their parents. Babies can learn so much, parents have the time to teach them and watch them grow. It is their duty as well as their rights as parents to enjoy the first moments of life with their children. Susan J. Douglas says, “The first five years of life are so crucial to cognitive and emotional development” (Douglas Par 8). Parents often send their babies to daycare at too young of an age because they are expected to return to work and have no other choice. Others quit their job because they do not want their babies to go to daycare. This creates a financial strain on families and has lasting effects on the newborn and other young children in the home. Sharon Lerner says, “Paid parental leave frees mothers and fathers from choosing between their careers and time with their infants” (Lerner 20). Paid family leave alleviates a great deal of stress for parents who are expecting. It makes starting a family less frightening because families have enough money and time to adjust with their new lives before returning to work. This makes workers less likely to call out of upon returning and more likely to be focused on the
The changes needed for the Australian society to be adequately addressed is not the law itself but the consequences in regarding the law because if they were effective than there would be less violence happening but that is not the case.
The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children
Theories of the Family and Policy. Retrieved February 27, 2011, from New Zealand Treasury: http://www.treasury.govt.nz/publications/research-policy/wp/2004/04-02/11.htm#_toc4.1. Gabler, J. (2010). The 'Standard' of the 'Stand Sociology for the Dummies. Indianapolis, Indiana: Wiley Publishing, Inc.
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
Family law in Australia has experienced profound transformations, mirroring the evolution of societal values and norms over recent decades. These changes address various aspects of familial relationships, including marriage, divorce, child custody, and domestic violence. Evaluating the effectiveness of these changes involves considering their alignment with contemporary social values, their protection of individual rights, their impact on societal attitudes, and their implementation and enforcement. This essay will explore these dimensions through a structured analysis of key legislative reforms and landmark cases, providing a comprehensive assessment of how well family law in Australia reflects changing social values. Family law serves as
BIBLIOGRAPHY Barron et. al. 1992 WAFE Evidence to the Home Affairs Select Committee Enquiry into Domestic Violence Bristol: WAFE Woman’s Aid Federation (England) Report 1992 Hague & Malos 1995 Against Domestic Violence: Inter Agency Initiatives Bristol SAUS Punching Judy BBC Television Programme 1989 Domestic Violence – Report of an Inter Agency Working Party 1992 Mooney J 1994 The Hidden Figures: Domestic Violence in North London London Islington Police & Crime Unit Inter-Agency Circular; Inter Agency Co-Ordination to Tackle Domestic Violence Home Office, 1995 Grace S 1995 Policing Domestic Violence in the 1990’s Home Office Research Study British Crime Survey 1996 The Home Office Dobash/Dobash/Cavanagh/Lewis 1996 Research Evaluation of Programmes for violent Men Scottish Office Central Research Unit Dobash/Dobash/Cavangh/Lewis 1996 Re-Education Programmes for Violent men – an Evaluation Home Office Research Findings No 46 Domestic Violence & Repeat Victimisation Home Office Police Research Briefing Note No 1/98 The Family Law Act Part IV 1996
Men have the same rights and obligations, as a child’s birth mother, to spend quality time, bond with, and care for a new baby. With some families living isolated from close relatives, it may be difficult for the mother’s family to support her after the birth of the child. “A study released in January found that fathers who took two or more weeks of leave upon their child's birth are more likely to be involved in the direct care of their children beyond leave” (Gringleburg). The time proceeding childbirth is the most stressful and tedious time. Parents have to adjust to the new baby and his or her schedule, especially the mother. With the both parents home, a lot of the stress is taken off the mother be...
This research paper discusses the discord between a statute law and a common law in Australia regarding restitution of conjugal rights and marital rape. This discord has led to conflict within the society about the marital duties and conjugal rights which a legally married couple are bound to perform within the institution of marriage. BASIS OF THE ARGUMENT The common law referred to in this research paper is The Family Law Act 1975 and the statute law is Criminal Law Consolidation Act 1935.
The family is the main agent of socialisation and an institution. (Giddens, 2013:339). As children, we rely on our family to fulfil basic needs. We all need guidance, and more importantly we also require nurturing to become healthy adults. The definition of family varies across cultures. However, the family is sensitive to change and, therefore, not static. The structure of the family has changed, and culture and society are now more accepting of the fact that people now choose to cohabit, rather than marry. (Haralambos & Holborn 2009:3). In 2013, there were nearly 1.9 million lone parent households with dependent children in the United Kingdom; a figure which has steadily increased over the years (Office of National Statistics 2013). The rise in lone parents has brought about greater acceptance of pregnancies that do not have to involve marriage although acceptance is not the concern. A study suggests that….