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A good way 2 study for family (1 Viewer)

Jago

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Alternative Family Arrangements
 

goan_crazy

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Jago said:
Alternative Family Arrangements
Jago I got another subtopic
Maintenence...
spousal and child.

Next question: name some of the diffferent AfAs.
 

rnitya_25

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katiemae said:
- Aboriginal and Torres Strait Islander customary marriages
- single parent families
-blended families
- same sex relationships
-polygamous marriages
- domestic relationships
- de facto relationships

New question: What are some conditions that give rise to the need for law reform?
i hate thses types of questions because i can never put them in the correct words. the law is reformed due to new cases that come up which make the law change itself in order to justly solve cases. doctrine of precedent is used to decide cases and predecents are used to decide further cases. changes in community values require law reform and so do changing forms of disputes in family law. idno if that even made sense......
 

Katiemae

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- Aboriginal and Torres Strait Islander customary marriages
- single parent families
-blended families
- same sex relationships
-polygamous marriages
- domestic relationships
- de facto relationships

New question: What are some conditions that give rise to the need for law reform?
 

BOLDasLOVE

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Even though this forum stopped AGES ago, ill reply to that question!...cos im studying and havent gotten up to studying that stuff yet so, i figure retyping some stuff would help...oks......

"What are the conditions that give rise to the need for law reform?"
  • Changing Social Values
    • Marriage, marriage indissoluble --> no-fault seperation under Family Law Act 1975 (Cwlth) - 1976 had the highest number of divorces on record. Changes in laws reguarding the dissolution of marriage shows a decline in the influence of religion on law plus changing social values.
    • Family Law Reform Act 1975 (Cwlth) - gov move to enforece parental responsibility - Child Support Scheme etc
    • Furthre evidence of the changing values in Family Law - Domestic Violence, Bithing Techs, Agreements, defacto, Same sex, ADR mechanisms
  • Changing Composition of Society
    • Aust - multicultural
    • ALRC recognise some inequalities for parents in polygamouse marriages and rejected the proposal that marriages may be valid as they felt it was contrary to the beleifes and culture of the majority of society
    • Also provisions concrening cultural background for certain issues, eg. adoption of ATSI children with other ATSI - ensures cultural contact continues.
  • International Law
    • UNCROC - reflected in legislative changes to Family Law Reform Act 1995 (Cwlth) + the govs reflection on the ALRC and HREOC report 'Seen and Heard: Priority for Children in the Legal Process'
    • Australia ratified the Hauge Convention on the Civil Aspect of International Child Abduction in 1986 and entacted the provisions of the convention in the Family Law (child obduction) regulations which set out how nations can protect children across int, borders.
  • New Technology
    • Bithing Tech/ART - has challenged out moral, ethical and legal understanding
    • Issues - whether the law adequetly covers issues of paternity and maternity as well as issues relating to the rights of children
    • The Artifical Conception Act 1984 (NSW) covered artificial conception and IVF donation using donor sperm and stated that the biological mother and her husband or de facto partner were by law the childrens partned
  • Failure of Exhisting Laws
    • evidence of this in the areas of domestic violence and the protection of children and young people
    • Wood Royal Commision into Police Corruption - society + gav has failed to protect children from abuse and pedophelia
    • Children and Young Persons (Care and Protection) Act 1998 (NSW) - came into effect in 2000 - highlights time delays in putting laws into force
    • 2000 - gov drafting legislation that would allow the authorities to remove and place up for adotion abused or grossly neglected children - failure of existing laws have resulted in the deaths of many children considered by DOCS to be in dange
  • New Concepts of Justice
    • laws have changed as what society sees as just have changed
    • evidenced in no fault divorce, same sex relationships, surrogacy, childrens rights etc
    • there has bee a refocusing on what justice is and who are we acheiving justice for.
ta da!.....oks next question for u all, lol..i wonder if this will get answered :p

Outline the legal consequences and responsibilities of marriage.
 

poopoohead

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u could also add to changing social values some stuff about the recent changes in family law- 2006. The markers notes say that the best responses integrate recent LCMD. so u could mention the presumption of shared care parenting, compulsary mediation for separating couples, new onus for victims of domestic violence that a fear of violence was reasonable.

I dunno- an interesting point u could make if we got a question on law reform is that the shared care parenting bit is an example of the law attempting to change values of society (should be other way around)- because something like over 95% of children (of marriage breakups) are not in shared care.

the legal consequences and responsibility of marriage- thats the first bit of the syllabus isn't it???

so we could talk about mutual duties of husband and wife, property, maintenence, wills etc?

theres so much to study- i use to be so good at remembering things. i could get like best marks ever in year 9 and 10 in everything cos i could remember stuff easily. its just the effects of old age i suppose. lol
 

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