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HSC Legal Studies: Family Law Essay


❶The 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. This supports the Maven widget and search functionality.

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Family Law
Family Law Essay

Charter of the United Nations Established the United Nations Outlawed the use of force except in self defence or through resolutions by the Security Council Article 2 3: Family law - contemporary issues Family law - contemporary issues Family law - contemporary issues.

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Message Body Anonymous has shared a Document from Thinkswap with you: Thinkswap is not endorsed by any university or college. Sign Up Articles Help Centre. Search for University or High School documents on Thinkswap. Swap a document of your own, or purchase exchange credits. Access your library anywhere, anytime. Family Law Essay User Description: To what extent have changing values in the community improved the legal rights of parents and children? 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. It can be said that as community standards and expectations change and evolve in regards to the changing nature of parental responsibility, care and protection of children, the recognition of same-sex relationships and surrogacy and birth technologies the law has been reformed to reflect these emerging values and thus improve the rights of parents and children.

Although this argument is not true in all circumstances, it is a prominent issue which legislators face, as they are the ones who are required to ensure that the law is reflective of community values. Thinkswap Satisfaction Guarantee Each document purchased on Thinkswap is covered by our Satisfaction Guarantee policy. Claim a Thinkswap Bounty Do you know if the Subject listed above has changed recently?

Report a Subject Change. 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 marriage 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 Act , and 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 in , has 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.

Sign in or sign up and post using a HubPages Network account. Comments are not for promoting your articles or other sites. This is such a well written essay! Have you got any on Adoption? A very well written essay by the way: This is soo well written is this what you wrote during your actual legal exam or was it an assessment task? Other product and company names shown may be trademarks of their respective owners. HubPages and Hubbers authors may earn revenue on this page based on affiliate relationships and advertisements with partners including Amazon, Google, and others.

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Family Law Essays. The selection of family law essays below have been submitted to us by students in order to help you with your studies. Please remember to reference if you wish to cite any of these essays in your own work.

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Free Family Law Essays. Samantha and Gordon have been married for four years. Daniel and James, twins presently aged 13, live with them. They are Samantha's sons from a previous relationship.

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Family law Changes to family law as a response to changing values in the community/role of law reform in achieving just outcomes for family/ effectiveness of legal and non-legal responses in achieving just outcomes for family members. Family Law: The Children Act of - This essay will first address the statute used and interpretation of the threshold test by the courts, and then focus on cases involving vulnerable children to assess whether the statute in The Children Act is sufficient in protecting these children from harm.

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Family Law Essay. Family and Child Law /13 The Protection of the Family under International Law Introduction The purpose of these lectures is to outline and consider how International Law promotes and protects the right to family life and, in particular, the rights of children. Essays on U.S. Family Law I have done extensive legal research and written essays on several topics in divorce law in the USA: Prenuptial and Postnuptial Contract Law in the USA, nationwide history of the validity of these contracts.