Legal_Studies

Evaluate the effectiveness of family law in settling disputes between separating parents The definition of family has been defined in the family law act as ‘the natural and fundamental group unit of society, especially in relation to the upbringing of children’. Laws protecting the family entity have been effective and improvements made from law reform are evident. The concept of family overtime has changed significantly as society’s views have changed; parents from alternative family relationship such as, de facto and same sex couples are now legally recognised and are protected under federal law. Divorce is now easier to come by, thus increasing the number of broken families. According to the Australian bureau of statistics, nearly 25,000 marriages involving children ended in divorce in 2009. The following question therefore needs to be asked; how effective has family law been in regards to the disputes between separating parents' Family law in Australia governs laws regarding the relationships between family units and in addition, those relationships that have ceased. Issues such as divorce, division of property, spousal maintenance and the handling of children are dealt with in the family law act enacted by federal government in 1975. This legislation also outlines the provisions of parents in the case of a separation, specifically that of the care and treatment of children in such circumstances. The establishment of the family court of Australia was a direct result of the family law act in 1975, making this legislation most significant in regards to family law in Australia. The family court allows such delicate cases to be heard in an atmosphere that is less formal than a standard court, making it more family friendly. This has been exceptionally effective in the cases that involve children After numerous changes and amendments to the family law legislation the court now has jurisdiction in all matters concerning all children and the separation of parents. A couple doesn’t need to be in a marriage to settle disputes before a court; separation can come from a number of alternative family relationships, for example a de facto relationship. In the event that separation between parents do occur, legal action may be required for unresolved conflicts, and sometimes it is in the best interest of the child that these legal proceedings do take place. However, not all separating parties require third party interference, quite often disputes can be avoided if the parents are able to work co-operatively and communicate often. Complications arise when disputes relating to property division, the residence of the child, differing views on parenting, child support, and opinions conflict with one another. Family law aims to protect children in such cases, consequently, the best interest of the child is taken into consideration in legal matters above all else. Separation alone has a tremendous effect on the family as a whole; however because of the emotional distress caused by the separating parties, the needs of the child are sometimes not met. This particular point is where family law becomes most effective. One of the most contested issues in separation is with whom the child will reside with, and often this has the greatest effect on both the parents and children, emotionally. The best possible way to avoid the emotional strain, costs and time going through the court system is the development of a parenting plan. A parenting plan is a mutual agreement between both parties as to issues like; where the child will live, how much child support is required and other key issues. Mediation can also be used to help the development of the plan. As a result of a parenting plan encouragement for both parents in decisions concerning the child are beneficial and is usually in the best interest of the child. If an agreement cannot be reached and the dispute remains ongoing the matter can be heard by the family court. A parenting order will be issued, directing the parents on matters that are in dispute. Surprisingly another problem that can arise through separation is child abduction. This occurs when one of the parents’ wish not to share the child with their former partner. They do this by fleeing with the child, sometimes they may leave to another country therefore escaping Australian jurisdiction. A non legal response to this issue is Australia becoming a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (1980). This international treaty discourages parental abduction and allows for the family to seek the return of the child. In the event that the child has been abducted to a non signatory country, difficulties in locating the child are troublesome. Even if the child is located little can be done. The division of property is also another dispute that can derives itself from a separation. If an agreement cannot be formed, mediation is recommended to avoid a court hearing. If the dispute is still ongoing the case can be taken to the family court. The assumption in any case involving property division is usually a 50 – 50 split, however considerations, such as how much each partner contributed and the future needs of each partner are taken into account. All court involvement can be avoided if the couple are able to reach an agreement on how the assets will be divided. Non legal services such as mediation and parenting plan are very effective if both parties are willing. Unless there is any harm or restrictions that may have an effect on the child through the separation, court proceedings should be avoided. As parents, society holds the expectation that parents are responsible for the upbringing of the child, that is, one must set an example and allow the child to not be affected from ones actions. However when a case does fall into the breach of family law, the system in place is effective in the sense that the paramount concern is within the child’s best interest.