The Family woo of Australia was established with the passing of the Family Law set (FLA) 1975. The honor is a federal act and is a superior toying of record. Its judges have the same status as federal or Supreme Court judges. There are no juries. Appeals lie to the Full Court of the Family Court comprising three judges, and in appropriate cases, five judges. Appeals thereafter lie to the High Court. The Family Court has the power to deal with issues involving divorce, churlren, property and spousal maintenance by way of s.51 of the Constitution and each case is considered on its merits (as shown in the cases B v B and Smith v Smith) The 1976 practise removed the fourteen grounds for divorce that existed under the married Causes Act 1959 and replaced them with a single reason, being an irretrievable breakdown of the wedlock. In granting a divorce, the Court must be satisfied that the parties are seperated, the marriage ceremony has broken down irretrievably, and where t he parties have children, the arrangements which have been put in place for the children are appropriate. In regards to child maintenance, the small fry embolden Acts of 1988 and 1989 both confer original and appellate jurisdiction on the Family Court.
The Court also has jurisdiction to make a parenting scratch in concerning children, including residence fiats, contact orders and specific issues orders. In reservation a parenting order, the Court considers what, in alone circumstances, is in the better interests of the child (as shown in the 1988 case of M v M). This stem arose in the ratifying of the UN Treaty on the Convention on the Rights of the Child (CROC) in 1990. This pro vides that the best interests of the child m! ust be of paramount consideration in all actions concerning... If you want to get a full essay, order it on our website:
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