Australian Family Law Essay -- Family Law

In this day and age there atomic number 18 many variations of what constitutes a couple or family in comparison to many geezerhood ago. Long ago the idea of a nuclear family was considered the average it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of family did not account for dauntless unions, soul p atomic number 18nts nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take name and a lot of the times these tricky situations may involve children, which can make an already tricky situation level more(prenominal) problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the t ime their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of dispute outcome such as mediation, albeit with its own criticisms, helps to keep relationships afoot in that it provides an fortune for peaceful and mutual agreements to be made in a more place back environment.In the Commonwealth of Australias Constitution mo s 51, powers of the Commonwealth Parliament to legislate on family law subjects is laid out, it states The Parliament shall, subject to the Constitution, have power to make laws for the peace, order, and good political science of the Commonwealth with respect to (xxi) Marriage (xxii) Divorce and matrimonial causes and relation thereto, agnatic rights and the custody and guardianship of inf... ...amily Law, 4th edn, Lexis Nexis, AustraliaMcDonald, P 1984, Can The Family Survive? - revision in Australia, Discussion Paper no. 11, Australian Institute of Family Studies, acces sed 10 April 2012 http//www.aifs.gov.au/institute/pubs/dp11.htmlCommonwealth of Australia Constitution play s 51, Prepared 2003, Accessed 3 April 2012, http//fedlaw.gov.au/comlaw/comlaw.nsf/440c19285821b109ca256f3a001d59b7/57dea3835d797364ca256f9d0078c087/$FILE/ConstitutionAct.pdfCommonwealth Consolidated Acts, Family Law Act 1975, Australasian court-ordered Information Institute (Austlii), http//www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/ Goode v Goode (2006) FamCA 1346 (http//www.familylawwebguide.com.au/attachment.php?id=43&keep_session=21863255)Marriage Act 1961 (Cth)Family Law Act 1975(Cth)s 60Is 60CCs 60CC (3)(a)s 60CE61DAs 65DAA