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Legal Information Access Centre (LIAC) - Hot Topics |
Overview
The relationship between children and families is often considered to be a private matter. However, there are laws at both the domestic and international level which cover children and family relations. Includes a section on multiculturalism, highlighting different cultural approaches to family relations and a section on lobby groups.
Timeline
A timeline of key developments in the legal history of family law and care and protection legislation in Australia.
Best Interests of the Child
The central principle relating to children in family law and in some care and protection legislation is that any decision made should be in the best interests of the child. This principle is derived from the United Nations Convention on the Rights of the Child (CROC). Includes sections on relocation of parents and children after the breakdown of a relationship, international child abduction and decisions regarding the sterilisation of intellectually disabled young women.
Family Violence and Child Abuse
The Family Court must consider evidence of family violence and child abuse when determining what is in the best interests of the child. Each State and Territory also has a child protection service concerned with the safety and well-being of children. There can be difficulties which arise in determining the most appropriate forum for hearing matters involving both family law and care and protection issues.
Legal Representation
The United Nations Convention on the Rights of the Child sets out a child's right to participate in judicial and administrative proceedings.The Family Law Act 1975 makes provision for the appointment of a separate representative for children involved in family law proceedings, referred to as a child's representative.
Further Reading and Contacts
An annotated list of key resources and agencies working in the field.
This is the twenty-sixth in the series Hot Topics: burning legal issues in plain
language which highlights contemporary legal issues in NSW, published by the
Legal Information Access Centre (LIAC).
Hot Topic No. 26: Children and Families has been compiled by the
Australian Law Reform Commission (ALRC) and the
Legal Information Access Centre (LIAC).
AUTHORS: Lani Blackman, Legal Policy Officer, Australian Law Reform Commission and Amelia Montague, Daniel Freiman and Helen Wodak, law students, University of NSW.
EDITOR: Trish Luker
DESIGN: Bodoni Studio
COVER PHOTOS: Howard Birnstihl and Andrew Chapman.
State Library of NSW
Cataloguing-in-publication data
Hot topics, ISSN 1322-4301 ; no. 26
1. Australia. Family Law Act 1975.
2. Children – Legal status, laws, etc.Australia.
3. Family law – Australia.
4. Parent and child (Law) – Australia.
I. Legal Information Access Centre.
II. Luker, Trish.
III. Australian Law Reform Commission.
IV. Blackman, Lani.
(Series: Hot topics (Sydney, N.S.W.) ; no. 26) 346.94017 26