Legal-Family_Issues

The nature of family arrangements and the law’s treatment of them, it is often very difficult to achieve justice for all individuals and society as a whole. The laws are dealing with marriage and alternative family arrangements can be seen as achieving justice for society in a difficult and changing area. It is the law’s role to maintain a cohesive, equitable and legal society and to do that it must exercise some control over family arrangements and care for children. The concept of equality is a difficult one when it comes to the issues discussed in family law. The aim of most areas of family law is to protect those who are disadvantaged by relationships, give rights to individuals, enforce responsibilities on individuals and couples, and to resolve disputes with as little disruption as possible. Law regarding the care of children after a marriage breaks down were changed substantially by the Family Law Reform Act 1995(cth). Under this Act, which amends the Family Law Act 1975 (cth), parents whether married or not, both have responsibility for the care and welfare of their children. In the areas of parenting plans or orders and child support the Federal government has established enforcement procedures. Non-payment of child support will be referred to the Child Support Agency (CSA) who will collect and enforce payments. The idea of parental responsibility replaces that of guardianship defined as the long term responsibility for a child. However, the control that parents exercise over their children diminishes as their offspring get older. For example, under the Gillick competency a child may make personal choices, such as selecting their own doctor, from about 14 years of age. Parenting plans and parenting orders are setting on the best interest of the child. The court will consider the wishes of the child, the effect of changing the existing living conditions of the child, the right of the child to contact with both parents and the need to protect the child from physical or psychological harm. Children in Australia have many rights set out in the United Nations Convention of the rights of the Child. Parents are obliged to ensure that their children between the ages of 6 and 16 receive an education under the Education Reform Act 1990. This obligation continues even after a divorce. In the case Campbell v. Campbell (1988), the court ruled that on the divorce of their parents, the children were entitled to maintain their comfortable lifestyle and that included a private school education. In order to give care of children, corporal punishment is banned in all NSW schools in 1985. The person responsible can be charged under Children and Young Persons (care and protection) Act 1998 (NSW). The case in re Marion (1991) highlights the rights for parents to authorise medical procedures for their children without their consent. As a result, Family court permission is needed before certain medical procedures can take place. The children can only legally give consent to general medical or dental treatment when they are over the age of 14. Children have complete autonomy at 18 when legally they become adults. We can see form the above, the children are getting more rights than adults and it achieves equality for most of the children’s interest. In addition, Artificial insemination and in-vitro fertilisation have become available in recent years, allowing some infertile couples to produce children with at least some of their own genes. Issues are dealing with it includes the ability to choose the sex of the child to be born before an embryo is implanted into the woman’s womb and post-menopausal and older pregnancy. For example, in 1994, a 63 year old Italian woman gave birth to a son, and in 1998 a 53 year old Adelaide woman gave birth to triplets as result of ART. The only Act in NSW which addresses these issues is the Artificial Conception Act 1984 (NSW), and it is outdated and not very comprehensive. It is suggested that new ART laws in NSW be introduced, but this has not yet been addressed. As a result of this limited legislative control, many of the issues that are raised such as who are the child’s legal parents' In NSW the Status of Children Act 1996 (NSW) states that the social father, or the man who acts as the father of the child , is the legal father. The woman who bears the child is the legal mother of the child. Concern has been expressed about the children produced by ART, especially in cases where donor eggs and sperm are used. Many people feel that such children have a right to know their genetic inheritance and that failure to gain such knowledge could lead to ‘genetic bewilderment’ and psychological problems. It is similar for surrogacy which it is illegal in NSW to bear children for money. A child cannot be treated as an item for sale and the child can be harmed because of confusion about family relationships, such as a homosexual couples. However on the other hand the law has to insure human right, which is people have a right to form a family in the way they wish. Under the Adoption of Children Act 1965(NSW), the adopted children have the same status and legal rights as a child born into a marriage. It is like an ex-nuptial child has the same right as a nuptial child. In 1994, the NSW Law Reform Commission recommended that adoption by suitable homosexual couples be permitted. This has not yet been allowed. In April 1991, under the Adoption Information Act 1990(NSW), it became possible for adopted people over 18 years of age and their biological parents to identify and contact each other. Problems are raised by overseas adoption. Arguments against is that Children raised in a different culture may experience great difficulty in attaining a sense of identity and self-esteem because they have been cut off from their cultural heritage. Furthermore, The Children (care and protection) Act 1987(NSW) states that abuse of a child means assault, including sexual assault, ill-treatment of the child and exposing the child to behaviour that psychologically harms him or her. There are several organisations are available for children suffering child abuse include the Department of community services and child abuse and NSW government departments. Children in trouble need help from society and the government to live their lives within society. There are three aspects which help children: state care, the children’s court and Legal Aid. Department of Community Services (DOC), it looks after those children “in need of care”, and often these children are taken from families and placed in the care of the state. The role of the children’s court in the welfare of children is that it decides on care applications. The children’s court also handles criminal changes which are brought against juveniles under 18. These hearings are closed and private, and the names of the offenders cannot be released. The court can also make an order for the emergency care of the child that is seen to be in immediate danger. Legal Aid is available to all children appearing in the Children’s Court for any matters. A merit and income test does not apply to children. The other resources children can access to is that a series of diversionary programs for young offenders and improving community education programs on domestic violence or using of cross-vesting. While there has been a positive movement in improving accessibility to the legal system in family law matters, there is still a great deal to be achieved. Yong people, those in isolated areas, the poor and the uneducated all face disadvantage within any legal system. Some criticisms such as, HREOC(human rights and equal opportunity commission) found laws were inadequate to protect homeless children and mandatory sentencing are applied to indigenous children in NT and WA. While disadvantage occurs, the legal system cannot achieve effective outcomes for all individuals. The administration of family law and associated areas of law, both at a Federal and a State level, costs hundreds of millions of dollars each year. The movement in both jurisdictions to alternative dispute resolution mechanisms is designed to achieve resource efficiency and at the same time cost and time delays for those involved in the dispute. The government should provide more legal assistance to Legal Aid and more funding for NGOs. In conclusion, the effectiveness of the family law is based on equality, protection of the children, accessibility and resource efficiency. The government need to evaluate and update the law to fit in society and protect the children .