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Legal Studies Family

CONCEPT OF FAMILY LAW What is the definition of family and where is it located? Two or more person who are related by blood, married (registered or de facto), adoption, step or fostering and who are usually resident in the same household. This definition is contained in the Marriage Act 1961 (Commonwealth).
LEGAL REQUIREMENTS OF MARRIAGE What are the legal requirements for marriage? 1. You must be over 18 years old 2. You cannot marry your brother, sister, ancestor or descendant 3. The ceremony must include two witnesses and a celebrant. 4. There must be one month's notice of intention to marry
CONCEPT OF FAMILY LAW What is a Polygamous Marriage and is it legal? A Polygamous Marriage is when a person tries to marry another person whilst already being married. This is illegal in Australia, but it is recognised if it has happened in a country where it is legal.
CONCEPT OF FAMILY LAW What is a De Facto Relationship? When two adult persons live together as a married couple, though are not legally married
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN Which UN Convention are many rights of the child contained? United Nations Convention on the Rights of the Child 1989 (CROC)
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN Some of the rights of the child include? 1. The right to a name and nationality 2. The right not to be abused 3. The right to be free from discrimination 4. The right to be maintained 5. The right to an education between ages 6 and 15
LEGAL RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN What are some of the parents rights and responsibilities when it comes to their child? 1. Parents have the right to choose their childs religion 2. Parents have a responsibility to control their child and are responsible for their child's behaviour
ADOPTION What is the main legislation for adoption? Adoption Act 2000 (NSW)
ADOPTION Who can adopt a child? People over 21, either as a couple or single person. Amendments to the Adoption Act in September 2010 made it possible for same-sex couples to adopt a child
ADOPTION How are adopted children treated by law? They are treated by the law as if they had been the natural children of their adoptive parents and have the same legal rights and status as a child born into marriage
DIVORCE In what legislation is divorce located? Family Law Act 1975
DIVORCE What is the process of divorce? When the court decides that the application for divorce is successful, a temporary order is granted (interim order). This means the couple is legally divorced but cannot remarry until the order is finalized one month later
DIVORCE What is the only ground for divorce? Proof that there has been an irretrievable breakdown of marriage
LEGAL REQUIREMENTS OF MARRIAGE On what terms can a marriage be declared void? 1. Unauthorised celebrant 2. Either party is already married 3. Either party has not consented 4. Either party is under age 5. Either party belongs to a prohibited degree of relationship 6. Formal requirements of the ceremony have not been met
LEGAL CONSEQUENCES OF SEPARATION FOR CHILDREN What Acts/Amendments changed the law concerning the care of children? Family Law Reform Act 1995 (Cwth) and Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cwth)
Created by: Freddyg103