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Optional Focus Study 2 – Family - Relevant Syllabus Sections:
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•concepts of a family in the law
–the different functions of a family as dealt with by the law
–the institution of marriage, including the legal definition of marriage, requirements of a valid marriage, including marriageable age, parental consent, prohibited degrees of relationship, notice of marriage, requirements for a valid marriage ceremony and marriage licence
–legal consequences and responsibilities of marriage, including mutual duties of husband and wife, maintenance, property rights, agency, wills and family provision legislation
–legal rights and obligations between parents and children, including care and control, education, discipline, medical treatment, autonomy of children and inheritance
–dissolution of marriage
Legal Issues and Remedies
•alternative family arrangements, including Aboriginal and Torres Strait Islander peoples’ customary law marriages, single parent families, blended families, same sex relationships, polygamous marriages, de facto relationships and all family agreements
•parents and children, including United Nations Convention on the Rights of the Child, birth technology and surrogacy, ex-nuptial children, adoption and guardianship
•problems in family relationships, including causes, legal response to violence between spouses, by and against children, children in trouble, including care and abuse issues
•children’s courts and legal aid
•dissolution of marriage, including development of family law legislation and the Family Court of Australia
•counselling, limits of the court’s jurisdiction, parental responsibility and parental orders (including residence, contact and child maintenance), property allocation, spousal maintenance and problems of enforcement
•agreements, including parenting plans, cohabitation agreements and pre-nuptial agreements
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•What are the familial arrangements recognised by law? Why does the law respond differently to different arrangements? What changes have taken place in this area?
•Why is marriage a legal institution?
• How does the law respond to domestic violence?
• Is the current family law legislation an improvement on previous legislation?
• Why are some aspects of family law dealt with by State courts?
Content
Students learn about:
Key Legal Concepts and Features of the Legal System
•concepts of a family in the law
–the different functions of a family as dealt with by the law
–the institution of marriage, including the legal definition of marriage, requirements of a valid marriage, including marriageable age, parental consent, prohibited degrees of relationship, notice of marriage, requirements for a valid marriage ceremony and marriage licence
–legal consequences and responsibilities of marriage, including mutual duties of husband and wife, maintenance, property rights, agency, wills and family provision legislation
–legal rights and obligations between parents and children, including care and control, education, discipline, medical treatment, autonomy of children and inheritance
–dissolution of marriage
Legal Issues and Remedies
•alternative family arrangements, including Aboriginal and Torres Strait Islander peoples’ customary law marriages, single parent families, blended families, same sex relationships, polygamous marriages, de facto relationships and all family agreements
•parents and children, including United Nations Convention on the Rights of the Child, birth technology and surrogacy, ex-nuptial children, adoption and guardianship
•problems in family relationships, including causes, legal response to violence between spouses, by and against children, children in trouble, including care and abuse issues
•children’s courts and legal aid
•dissolution of marriage, including development of family law legislation and the Family Court of Australia
•counselling, limits of the court’s jurisdiction, parental responsibility and parental orders (including residence, contact and child maintenance), property allocation, spousal maintenance and problems of enforcement
•agreements, including parenting plans, cohabitation agreements and pre-nuptial agreements
Morality, Ethics and Commitment to the Law
•the extent to which law reflects moral and ethical standards
•commitment to the law – the issue of compliance and non-compliance
Effectiveness of the Law
•factors to be considered when evaluating the effectiveness of law in achieving justice:
–for individuals: equality, accessibility, enforceability, resource efficiency, protection and recognition of individual rights
–for society: resource efficiency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values
Law Reform
•the agencies of reform and the conditions that give rise to the need for reform
–law reform commissions, parliament, courts, changing social values and composition of society, new concepts of justice, failure of existing law, international law and new technology.
Key Questions/Issues
•What are the familial arrangements recognised by law? Why does the law respond differently to different arrangements? What changes have taken place in this area?
•Why is marriage a legal institution?
• How does the law respond to domestic violence?
• Is the current family law legislation an improvement on previous legislation?
• Why are some aspects of family law dealt with by State courts?