Court Process
Our legal system has developed over centuries influenced in more recent years by 'human rights' values,the evolution of government and societal expectations.
Hague Convention Ruling
A New Zealand mother whose two children have been ordered to return to Australia, under the Hague Convention, where their father lives, has lost an appeal against the ruling, even though the father has protection order issued against him. The Court of Appeal judgement released yesterday upheld rulings made by the Family Court and the High Court that the two young children must be returned to Australia pending a custody battle.
Collaborative Practice in Family Law
A report to the Attorney-General prepared by the Family Law Council December 2006
The History of the Family Court
The 25th anniversary is an event of great significance to the Family Court of Australia – a Court which was conceived almost as an afterthought, had a difficult gestation and birth, and survived a troubled infancy.
BARGAINING IN THE SHADOW OF THE CONSTITUTION
The Australian Constitution divides responsibility for several areas of Australian family law between the States and the Commonwealth. The dual system created as a consequence, particularly in relation to child protection issues, provides opportunities for confusion and duplication. And what are the effects of Federalism on those exercising jurisdiction under the Family Law Act?
AUSTRALIA’S NATIONAL FRAMEWORK FOR HUMAN RIGHTS NATIONAL ACTION PLAN
Australia believes that the protection and promotion of human rights is every nation’s responsibility and that the function of government is to safeguard the dignity and rights of individuals, whose lives should be free of violence, discrimination, vilification, and hatred.
Australia has a proud human rights record. We enjoy a strong democratic tradition, a transparent and independent judicial system and a free press. Our society is characterised by a sense of egalitarianism.
The Human Rights and Equal Opportunity Commission
One of the goals of the Committee is that all Australians have an opportunity to learn about the human rights values of mutual respect, individual dignity and equal opportunity. The Human Rights and Equal Opportunity Commission Act 1986 (Cth) establishes the Human Rights and Equal Opportunity Commission and gives it a wide range of functions, including educating and raising awareness in the community of human rights issues, complaint handling, the provision of advice on human rights compliance and assistance to the Government on human rights policy and legislative development.
Constitutional Challenge
A Constitutional challenge should be mounted regarding the suitability for the family court to hear cases involving child abuse and domestic violence
The article ‘Child porn addict’s partner wins custody’ Feb 3, 2007, is no surprise to any protective parents that find themselves in the family court. In this case, Justice Carmody’s reasoning is that the child’s mother is an appropriate parent despite her choice of an intimate relationship with convicted child pornography criminal. The fact that Justice Carmody “has a background in child protection” is cause for heightened alarm at the level of “expertise”…. That is why a growing number … are joining the chorus that there is something dreadfully wrong in family court. It is time to address this disaster by a constitutional challenge to the suitability for the family court to hear cases involving child abuse and domestic violence
'The new family law regime: How does Sch 1 affect you?
Family law practitioners finally got a look at the federal government's proposed shake-up of the system with the introduction of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 last week. Dr Tom Altobelli* explores some of the practical issues that arise from Schedule 1.
Best interests of the child - primary and secondary considerations
The differences between s 68F and the proposed s 60CC are significant. In determining what is in the child's best interests there are now primary considerations and secondary considerations.
The primary considerations are found in s 60CC(2) and state:
(a) the benefit to the child of having a meaningful relationship with both of the child's parents, and
(b) the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse neglect or family violence