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15. Family Law

Author

Caruana, Catherine

Published
2002

26. 'Shared parental responsibility' and the reshaping of family law: after a long and arduous process of inquiry and debate, far-reaching reforms to the Family Law Act 1975 have been passed into law. Complemented by developments in family services provision, the Australian Government's reform package aims to effect a cultural shift in the way disputes over children following separation are resolved

Author

Caruana, Catherine

Subjects
Australia -- Social policy, Family law -- Interpretation and construction -- Laws, regulations and rules, Australia. Family Law Act 1975, Family and marriage, Government regulation, Interpretation and construction, Social policy, Laws, regulations and rules
Abstract

Amendments to the Family Law Act 1975 made law The penultimate step in the legislative passage of the Family Law Amendment (Shared Parental Responsibility) Bill 2005 occurred on the 10 [...]

Published
2006

27. Changes to federal family law and state domestic violence legislation: a busy law reform agenda sees the Australian Government close to announcing far-reaching family law reforms, and a number of states overhauling laws relating to domestic violence

Author

Caruana, Catherine

Subjects
Family law -- Laws, regulations and rules, Family violence -- Laws, regulations and rules, Family and marriage, Government regulation, Laws, regulations and rules
Abstract

The year 2005 marks 30 years since the proclamation of the Family Law Act 1975. The anniversary falls on the cusp of significant changes, not so much to the Act [...]

Published
2005

28. Shared parenting and family law reform: the next instalment

Author

Caruana, Catherine

Subjects
Joint custody of children -- Laws, regulations and rules, Family law -- Laws, regulations and rules, Family and marriage, Government regulation, Laws, regulations and rules
Abstract

A discussion paper issued by the Australian Government in November 2004 outlines a reform strategy aimed at promoting the continued involvement of both parents in their children's lives following separation, [...]

Published
2005

29. The AIFS evaluation of the 2006 family law reforms : a summary

Author

Kaspiew, Rae, Gray, Matthew, Weston, Ruth, Moloney, Lawrie, Hand, Kelly, Qu, Lixia, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, Wisniak, Danielle, Kaspiew, Rae, Gray, Matthew, Weston, Ruth, Moloney, Lawrie, Hand, Kelly, Qu, Lixia, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, and Wisniak, Danielle

Abstract

In 2006, the Australian Government, through the Attorney- General's Department (AGD) and the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), commissioned the Australian Institute of Family Studies (AIFS) to undertake an evaluation of the impact of the 2006 changes to the family law system: Evaluation of the 2006 Family Law Reforms (Kaspiew et al., 2009) (the Evaluation). This article provides a summary of the key findings of the Evaluation.

Published
2011

30. Care-time arrangements after the 2006 reforms : implications for children and their parents

Author

Weston, Ruth, Qu, Lixia, Gray, Matthew, Kaspiew, Rae, Moloney, Lawrie, Hand, Kelly, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, Wisniak, Danielle, Weston, Ruth, Qu, Lixia, Gray, Matthew, Kaspiew, Rae, Moloney, Lawrie, Hand, Kelly, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, and Wisniak, Danielle

Published
2011

31. Family violence : key findings from the evaluation of the 2006 family law reforms

Author

Kaspiew, Rae, Gray, Matthew, Weston, Ruth, Moloney, Lawrie, Hand, Kelly, Qu, Lixia, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, Wisniak, Danielle, Kaspiew, Rae, Gray, Matthew, Weston, Ruth, Moloney, Lawrie, Hand, Kelly, Qu, Lixia, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, and Wisniak, Danielle

Abstract

The different types, prevalence and consequences of family violence, as demonstrated by the Australian Institute of Family Studies' Evaluation of the 2006 Family Law Reforms, are discussed. Family violence is shown to be an extremely complex phenomenon, which affects the mental and social well-being of the children. Hence, different measures that can be adopted to deal with pre- and post-separation periods and child care problems are also analyzed.

Published
2010

32. Evaluation of the 2006 family law reforms

Author

Wang, Lan, Di Salvia, Lauren, Conning, Neil, Kaspiew, Rae, Gray, Matthew, Weston, Ruth, Moloney, Lawrie, Hand, Kelly, Qu, Lixia, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, Wisniak, Danielle, Wang, Lan, Di Salvia, Lauren, Conning, Neil, Kaspiew, Rae, Gray, Matthew, Weston, Ruth, Moloney, Lawrie, Hand, Kelly, Qu, Lixia, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, and Wisniak, Danielle

Published
2009

33. Evaluation of the 2006 family law reforms : summary report

Author

Wang, Lan, Di Salvia, Lauren, Conning, Neil, Kaspiew, Rae, Gray, Matthew, Weston, Ruth, Moloney, Lawrie, Hand, Kelly, Qu, Lixia, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, Wisniak, Danielle, Wang, Lan, Di Salvia, Lauren, Conning, Neil, Kaspiew, Rae, Gray, Matthew, Weston, Ruth, Moloney, Lawrie, Hand, Kelly, Qu, Lixia, Alexander, Michael, Baxter, Jennifer, Caruana, Catherine, Cornell, Chelsea, Deblaquiere, Julie, De Maio, John, Fullarton, Jessica, Hancock, Kirsten, Klettke, Bianca, Lodge, Jodie, Lohoar, Shaun, Renda, Jennifer, Soriano, Grace, Stainsby, Robert, and Wisniak, Danielle

Published
2009

36. Form and substance.

Author

Caruana, Catherine

Subjects
*LEGISLATIVE amendments, *DOMESTIC relations, *CHILD support, *LEGAL status of children, *SOCIAL policy, *SOCIAL development, *FAMILY policy, SOCIAL conditions in Australia
Abstract

The article provides an update on the federal family law system in Australia. The Family Law Amendment Bill 2008 has been introduced into the Commonwealth Parliament on June 25 to bring separating de facto couples under the umbrella of federal law relating to financial disputes following family breakdown. Reportedly, reforms will remove differences between the state and federal legislative regimes, which can result in different outcomes for the less financially secure partner. In addition, provisions of the Child Support Scheme include the introduction of a new formula that is more closely tied to the costs of children, the exclusion from child support calculations of extra income earned by non-resident parents and increased flexibility for parents to capitalise their child support.

Published
2008

37. "Shared parental responsibility"and the reshaping of family law.

Author

Caruana, Catherine

Subjects
*LEGISLATIVE amendments, *DOMESTIC relations, *DOMESTIC violence laws, *LEGAL status of children, *PARENT-child relationships, *CHILD rearing, *CHILD care, *JOINT custody of children
Abstract

The article provides information on the amendments to the Australian Government's Family Law Act (FLA) of 1975. The revision centered in Part VII of the FLA which dealt with parental responsibility, time spent with children, and parenting plans. There were changes in the terminology like residence, contract and specific issues. Rectification which has been related to the quantity of time parents has been separated from their children was shifted to shared care model or joint custody. Furthermore, the issues regarding family violence were given greater relative importance in the amended act.

Published
2006

38. Shared parenting.

Author

Smyth, Bruce, Caruana, Catherine, and Ferro, Anna

Subjects
*JOINT custody of children, *PARENT-child relationships, *LEGAL status of children, *GUARDIAN & ward, *CHILD development
Abstract

The article presents information on shared parenting. In 1997, around 1 million children in Australia fewer than 18 were living with one natural parent and had a parent living elsewhere. Thus a core concern for public policy continues to be how to foster the continuing care and support of children following parental separation. The Australian government has recently announced a parliamentary inquiry to investigate whether a legal presumption of joint residence should become part of Australian family law that is if parents separate were that children spend equal time with each parent. Parents who spend equal time with their children need access to family friendly work patterns. Both mothers and fathers who opt for shared care generally appears to be in a financial position that allows them to make choices about their work family balance.

Published
2003

39. Roundup of developments in family law.

Author

Caruana, Catherine

Subjects
*DOMESTIC relations, *DISPUTE resolution
Abstract

The article presents updates concerning family law in Australia. It reports that Attorney-General Robert McLelland has revealed the possibility that substitute dispute resolution methods in the family law will be enhanced. It notes that the Federal Attorney-General has declared the partnerships between Family Relationship Centres (FRCs) and legal service providers. It announces that Professor Helen Rhoades from Melbourne University Law School has been named chairman of the Family Law Council.

Published
2010

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