YEAR 12 LEGAL STUDIES

Family Court Internet Exercise

H5.1 selects and organises relevant legal information from a variety of sources and evaluates information and sources for usefulness, validity and bias

Part A Find out some information about the Family Court of Australia. Go to Family Court website and write one paragraph about each of the following topics. Complete in your work book.

a.  http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Family+Law+Principles/

i.  Principles such as no fault divorce, best interests of the child, parental responsibilities, property division and dispute resolution.

b.  http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce

ii.  When, where and how to get a divorce and sort out the legal issues around separation. Information about de facto relationships.

c.  http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/

  1. Applying to change an existing order
    When an existing order can be changed and how you can seek a change.
  2. Children and separation
    How children may react to separation and what they need after separation.
  3. Complying with orders about children
    What happens when it is alleged a parenting order has not been complied with (has been contravened).
  4. Costs of maintaining children
    Information on the costs of maintaining children
  5. If you agree on arrangements
    Parenting plans and consent orders: ways to record your agreements.
  6. If you can’t agree on arrangements
    Court and other services available to assist with future arrangements for your children.
  7. Recovery orders
    A court can make an order for the recovery of a child who has been taken from the care of a person, taken or not returned after spending time with another person.
  8. Relocation and travel
    What you must do if you are moving and this move will limit the future time the children live with or spend with a parent or other significant person.

d.  http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/ How to divide property and assets, including spousal maintenance and superannuation

  1. Child support
    Parents’ responsibilty to financially support their children to the best of their ability is not changed by separation or divorce.
  2. Costs of maintaining children
    Information on the costs of maintaining children.
  3. Complying with financial orders
    When orders are made, each person bound by the order must follow it; enforcement options
  4. If you agree about property and money
    Financial agreements and consent orders: legally binding ways to agree how your assets and debts should be divided.
  5. If you don’t agree about property and money
    A court application may be the only way to decide a dispute about assets and debts.
  6. Maintenance
    When one person pays towards the financial support of their husband or wife or de facto partner (or former husband or wife or de facto partner).
  7. Property and money after separation
    Dividing assets (property), including superannuation, and allocating responsibility for debt after separation; the general principles a court will use under the Family Law Act.
  8. Superannuation
    How the law deals with superannuation when couples are dividing their assets after a marriage/de facto relationship breakdown

e.  http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Court+Orders What court orders are and how to follow, change and/or enforce them.

  1. Complying with financial orders
    How to comply with court orders, applying to change a court order; enforcement options.
  2. Complying with parenting orders
    How to comply with court orders, applying to change a court order.
  3. What are orders?
    About orders and what you must do before you can ask the Courts to consider making orders.

f.  http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Family+Violence What family violence is and how it affects others. How the Courts deal with family violence

  1. Child abuse allegations
    Courts’ responsibilities by law where there is risk of child abuse or family violence; also the Family Court’s Magellan case management approach.
  2. Family violence orders
    State/territory family violence orders and how these are considered under the Family Law Act.
  3. Family violence strategy
    The Family Violence Strategy sets out the Courts’ commitment to address family violence when it is an issue for court clients.
  4. Personal safety
    The Courts’ policies on personal safety and what you must do if you have concerns or fears.
  5. The Family Law Act and family violence
    Information on the various sections of the Family Law Act that refer to family violence.
  6. The effects of family violence on children
    The effects family violence can have on children's lives and their physical and emotional development.
  7. What is family violence
    Definitions by law and the Courts’ approaches to family violence.