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Family Law Hey everyone: Again, it was a band 6! Family law is the body of law pertaining to marriage and matrimonial issues.
Its main aim is to protect each member of a family, whether that family is nuclear, de facto, single parent, Aboriginal or Torres Strait Islander or blended in nature, as family is the foundation of society.
Although this argument is not true in all circumstances, it is a prominent issue which legislators face, as they Legal essay family law the ones who are required to ensure that the law is reflective of contemporary values.
The legal recognition of same-sex relationships in Australia has evolved dramatically since the s to a point where most jurisdictions provide same-sex couples with the same rights and obligations as heterosexual de facto couples. Demographically, Australia is continuously developing into a more secular society, resulting in the waning influence of the Christian Church on the political front.
Furthermore, the refusal to enact the Same-Sex Marriage Bill which was introduced by the Greens in means that Australia is not responding to its international obligations.
As a signatory to the ICCPR, it is the duty of law makers to ensure that all aspects of this covenant are adequately enshrined in domestic law in order for it to be recognised in Australia. Supporters for marriage equality argue that in an increasingly agnostic society, marriage is less about religion and more about the legal protection it affords, meaning that Australia is not responding to its international duties.
Opponents, however, argue that the covenant is not legally binding on Australia; therefore there is no need to enshrine Legal essay family law equality into law. This exemplifies the idea that while international covenants highlight international perceptions of equality and fairness; they are ineffective ensuring that all rights of individuals are upheld in the law of its signatory nations.
This is because signatory nations may choose not to implement all terms of the covenant into their domestic law. Technology has and continues to evolve at an exponential rate; however laws governing the use of such technologies in some areas are failing to keep pace. This is apparent in the area of surrogacy and birth technologies, as developments in technology which have allowed for women who are unable to conceive to start a family have not been legalised since their development.
Commercial surrogacy is illegal in NSW under the Assisted Reproductive Technology Actand it is illegal under the Surrogacy Act to partake in surrogacy overseas. Others have embraced this technology, claiming that it allows desperate would-be mothers and homosexual couples a second chance at having children.
Altruistic surrogacy, unlike commercial surrogacy, involves no monetary payment or financial gain to be made available to the gestational carrier and therefore ensures that women do not exploit their bodies in this manner for financial assistance. Altruistic surrogacy is legalised in NSW under the Surrogacy Act to accommodate the views in society which believe that this technology is beneficial for women in the community who are unable to conceive.
Furthermore, the Adoption Amendment Same-Sex Couples Bill, which was passed in the NSW parliament inhas made it easier for homosexual people to start a family through employing a surrogate, as both parties can apply to adopt the child of the biological parent.
Furthermore, this demonstrates that the law is trying to keep up with evolving societal values in an ever changing world.
Although this convention has not been fully recognised in Australia through legislation, state legislation such as the Children and Young Persons Care and Protection Act and the Children Protection and Parental Responsibility Act have been enacted in the best interests of the child and in accordance with this convention.
Under this legislation, NSW police have the power to take children home if they are at risk of becoming involved in anti-social behaviour, thus upholding the view that the child is of paramount concern.
This emphasises the responsibility of parents to their children, as it allows the parents to teach their children morals and values and gives the responsible parents an opportunity to address problems before they escalate.
On a federal level, the Family Law Amendment Shared Parental Responsibility Act Cth was enacted; allowing for a greater emphasis on shared parental contact and parental responsibility in broken families.
The obligation to take responsibility for the care and financial support of a child is considered to be one that should be met by both parents, and this legislation codifies this belief into law.
The effectiveness of this legislation, however, can be adversely affected when a parent manifestly fails in their responsibility to their children whilst the child is under their care, as there is a high cost associated with running government bodies designed to handle such cases.
For example, in the case of Kiesha Abrahams, the Department of Community Services DOCS had been informed several times of the danger that this child was in under the care of her mother and step-father, however, due to DOCS being under-resourced, they failed to act resulting in her brutal murder.
In essence, the law has ultimately responded to the contemporary issues concerning surrogacy and birth technologies, as well as the changing nature of parental responsibility, and still continues to languish behind the progressive views regarding the recognition of same-sex relationships.Example Law Essays.
Want to see what the work we provide is like? Have a look through our example essays written by our qualified writers. Company Law: Legal Personality Family Law: Enactment of Same Sex Marriage and its effect on Civil Partnerships.
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View the current leadership roster, Section bylaws, policies and Council . Jun 05, · oh, and p.s. every five days I will be uploading band 6 essays/notes and other relevant material for the new legal studies syllabus on hubpages. You can create an account and follow me for easy access to all of these notes (it will give you the first look at the notes as I only tell people I've uploaded the material several days later).** Next upload: International Crime Mini-essay.
Stay tuned. International divorce - Expatriate LawFamily Law Specialists · Vastly Experienced Team · Highly Qualified LawyersService catalog: Divorce, Custody Disputes, Prenuptial Agreements, Division of Assets.
Legal Essay - Family Law Society places laws upon different family arrangements to ensure that members of all families have legal protection. Marriage is the union of man and women to become husband and wife.
Behavior Human pregnancy Obstetrics Human behavior Family Adoption in Australia Abuse Human reproduction Surrogacy Domestic violence Family Law Act Marital rape Sample Text: The multifaceted nature of the legal system allows it to be both effective and ineffective in ensuring compliance with the law regarding family relationships.