Over the past years, the ‘nuclear family’ has become less common, and different family structures have been introduced, for example, Aboriginal and Torres Strait Islander (ATSI) customary law marriages, de facto relationships and same sex relationships, and single parent families. In response to these new family structures, the legal system has had to release new legislation in order to help protect the rights of these families. Along with the new legislation, case law has arisen from disputes and conflicts with and inside these relationships. Any child, ex-nuptial or nuptial, is protected under the Family law Act 1975 (Cth) and the Status of Children Act 1996 (NSW).
ATSI customary law marriages do not conform to the requirements for a valid
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The court found that either of the couples situations and behaviours would have a detrimental affect on E’s physical or emotional well-being. E, by the time he starts school, would be seeing the men every third weekend and time during each school holiday. In the case William and Jane, a same-sex couple were trying to adopt two children, but the birth parents consent was not given. Under s 52 of the Adoption Act, the court must not make an adoption order unless consent has been given by each parent of the child. But under s 67 in the same act, the court may dispense with the requirement for consent if the court is satisfied that, the person cannot, after reasonable inquiry, be found or identified, or if an application has been made to the court for the adoption of the child by one or more persons who are authorised carers of the child and the child has established a stable relationship with those carers and the adoption of the child by those carers will promote the child’s welfare. S 7 of the Adoption Act states that the first and foremost object of the legislation is to protect the best interests of the child