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Australian Family Law Act 1975 (Cth)

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The Family Law Act 1975 (Cth) is Australia’s primary piece of legislation in regards to consolidating a child’s best interest’s after a marriage breakdown has occurred. The act considers several overriding and additional factors in order to assure the best interests of the child are justly met. For separated parents, trying to figure out what time the child or children spend with each parent is a difficult task. The Family Law Act states “the best interests of the child” is to be the paramount consideration whilst in the process of constructing parenting orders.
The Act requires the courts to have regard to promote the welfare of the child along with protecting the rights of the child. Supposedly ensuring that the best interests of the child is the overall paramount decision – receiving proper parenting in order to reach his or her full potential. The paramount considerations mentioned in Section 60CC (3) of the Family Law Act 1975 consist of the benefits the child will have from maintaining meaningful relationships with both their parents and the need to protect him or her from physiological and physical harm and or being exposed to abuse, neglect or family related violence. Though standard procedures are not …show more content…

Supposedly considering family violence as a factor in a child’s custody. The United States seems to be under a similar process with both statute and common law that require the courts to consider occurring violence in a child’s house hold. Aimed at making sure the child is not put in an unsafe environment. Although most states in America do not have statues that point out exactly what frequency and level of violence determine custody and possession. Meaning judges are left with wider discretion to consider the impact they believe the violence has

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The main principle of the recently updated Children’s Act (2004) is to protect children and make sure their health and well-being is paramount. The Act was updated due to mistakes made in the Victoria Climbe case as well as various other reasons. The Victoria Climbe case involved an eight year old girl who was failed by local authorities she later died from her injuries in February 2000 after being tortured and starved to death by her great auntie and her boyfriend. Victoria was brought to London, England for a better life from the Ivory coast by her aunty and the abuse started once she moved in with her boyfriend Carl.

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“There is no greater problem in family law today than the problems of adequately addressing child protection concerns in proceedings under the Family Law Act.” (Family Law Council, 2009, p. 15). Over the past decade there has been two main reforms which are reducing the overall number of child abuse related reports in Australia (AIFS, 2014). One of these is improved intake and referral pathways into family support services for vulnerable and at-risk families (AIFS, 2014). The primary assumption supporting this contemporary reform regarding child protection agendas has been credited to families being able to access “the right services at the right time” (Adamson, Bromfield, Edwards, Gray, Hilferty, Katz, et al., 2010).

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These include for example: children should be healthy, be safe in their environments, to make positive contribution to the society or be supported to enjoy life. Childrenâ€TMs Act 2006- this legislation replaced Childrenâ€TMs Act 1989. It reinforce the strategy role of local authorities to outline the duties related to child care which include working with NHS and Job centres; secure childcare for working parents, provide information services to parents and provide information and training for childcare providers.

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1. Context an Importance of the Social Problem that Underlies the Policy: A) Every year millions of children suffer from child abuse and maltreatment. Data from the U.S. Department of Health and Human Services, Child Maltreatment 2013 (2015) report shows that in 2013, there were approximately 3.9 million reports of child abuse made in the United States. Of those reported, 678,932 were deemed victims of child abuse and neglect (child maltreatment 2015). Of the four common types of abuse, i.e., physical abuse, emotional abuse, sexual abuse and neglect, “the greatest percentages of children suffered from neglect (79.5%) and physical abuse (18.0%).”

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2.4 Issues of concern including, children 's needs, harms, risk and protective factors Issues of concern, children’s needs, harms, risks and protective factors in this case study are illustrated in this section through the use of social work knowledge, theories and values. The children’s needs can be assessed through the use of The Barker and Hodes Common Assessment Framework (CAF). This tool provides a nationally standardised approach to assessing children and young person’s in need and deciding how the needs should be met. The CAF focuses on three areas including developmental needs, parenting capacity and family and environmental factors (Barker & Hodes, 2007). It also takes into account the parent’s ability and willingness to take responsibility and work with professionals to achieve change.

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When two partners have disputes about the child custody, a trial will be conducted in order to solve this issue. Before the trial, the judge may require to the parents and the children to participate in a custody evaluation. Custody evaluators are crucial to the final decision, as their main objective is to provide assessments on the child’s needs and best interests. The custody evaluations recommendations are guiding the judges and attorneys in their final decision. In fact, the results of a study conducted on custody evaluations in practice demonstrates that the final decisions made by the judge were quite similar to the ones proposed by the evaluator with some little modifications, “those similarities between evaluator recommendation and

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The aim of this essay is to outline the role, function and circumstances for the appointment of the Guardian Ad Litem for the protection of Children in Ireland. Under the Child Care Act 1991 which was the first act that supported the protection of children, a child is defined as “a person under the age of 18 years, apart from a person who is or has been married. What is a Guardian Ad Litem? The definition as is stated in the CAAB suggests that the job of the Guardian Ad Litem is to signify areas that are potentially in conflict to represent the child who has difficulty with speech, language or has a disability. A Guardian Ad Litem (Guardian at law) can be an attorney for the child.

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Lord Laming produced a report called Every Child Matters which should ensure that each child should have their basic needs met i.e. food, water, warmth, be loved, feel safe respected and able to reach their full potential. The report has 5 outcomes: • being healthy: enjoying good physical and mental health and living a healthy lifestyle • staying safe: being protected from harm and neglect • enjoying and achieving: getting the most out of life and developing the skills for adulthood • making a positive contribution: being involved with the community and society and not engaging in anti-social or offending behaviour • Economic well-being: not being prevented by economic disadvantage from achieving their full potential in life. The needs and views of the child must not go un-noticed by putting the needs of the adult first. The wishes and feelings of the child should be a priority.

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Families, children and young people have the right to live free from abuse, harm and neglect. If harm or abuse is suspected or alleged the child or young person has the right to be listened to, to be respected and to kept informed and be involved (where appropriate) in any decision making. †̃Anyone working with children should see and speak to the child; listen to what they say; take their views seriously; and work with them collaboratively when deciding how to support their needs.â€TM (Working Together to Safeguard Children) The Children Act 1989 requires that local authorities give due regard to a childâ€TMs wishes when determining what services to provide.

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The risk assessment mandate of the current child protection practice is crop up in connection with individual responsibility of neo-liberal ideology. The right of the worker is given during their “mandate to investigate, monitor, assess and dispose of” (Strega & Carriere, 2009 p.16) of child protection cases under the legal system. As a result of child protection practice merely becomes a risk assessment model of bureaucratic approach. Apparently, child protection in Canada turns out as a mechanical social intervention with more focus on short-term remedial recommendations and limited or no emphasis on the holistic view of the problem (Strega & Carriere, 2009 p.20). This process is not really supporting the family in terms of a long term “helping, healing and change”.

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In Australia, social regulation seems much more effective than law legislation. As a child's Guardian, it is hard to define whether they break the privacy law when they sharing their children’s

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Answer: Ensuring children and young peopleâ€TMs safety and welfare in the work setting is an essential part of safeguarding. While children are at school, practitioners act in †̃loco parentisâ€TM while their parents are away. As part of their legal and professional obligations, practitioners hold positions of trust and a duty of care to the children in their school, and therefore should always act in their best interests and ensure their safety. The Children Act 2004 came in with the Every Child Matters (ECM) guidelines and greatly impacted the way schools look at the care and welfare of pupils. Children and young people should be helped to learn and thrive and be given the opportunity to achieve the five basic outcomes: be healthy; stay safe; enjoy and achieve; make a

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Other states define specific prohibited acts, forbid cruelty or torture, or consider things like the age and size of the child” (qtd. in Laird n. page.) . For example, in Texas parents and guardians are allowed to use force to the degree they believe it’s necessary for discipline or promoting the child’s welfare (Laird n. pag.). In other words, the decision on the matter is a community standard that can differ from place to

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Child custody is something most people are aware of, however the impact it has on the child is less well known to the general population. The reason why people do not know about it is because this topic does not affect everyone. More than half of all recent marriages end in divorce and the numbers are rising so, in some cases, this can lead to child custody issues (Isler). Child custody is a result of parents ending a marriage and then assigned parental rights and obligations toward the child (“Understanding the Difference”). Divorce itself has many hardships on the parents as well as the child, but custody potentially creates even greater problems.

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