Essay Plans – Family Law

Resource Description

Essay plans:
– 1 addressing domestic violence, divorce and division of assets (children and property)
– 1 specifically for surrogacy and birth technologies

FAMILY ESSAY – General (Issues involving family)

Introduction

• Define family under the law
• Introduce main responses (eg. legislation, courts, NGOs) and make a general judgement
• Introduce three body paragraphs

Domestic violence

• Define domestic violence
• Crimes (Domestic and Personal Violence) Act 2007 (NSW)
• 2016 reform: Plain English ADVOs for compliance issues
• 2018 reform: Strangulation instead of common assault, indefinite ADVOs by police for efficiency (find a strangulation case)
• Family Law Act 1975 (Cth)
• Family Law Amendment (Cross-examination of Parties) Act 2018 prevents self-represented to cross-examine victims
• National Plan to Reduce Domestic Violence Against Women and Children
• 2010-2022 promotes education and access to services
• 2016 DSS progress report: “National Plan has achieved its goals and continues to address support service accessibility”
• Make judgement – somewhat effective; achieved its purpose but DV still prevalent

Divorce

• Define marriage and divorce under the law
• Marriage Act 1961 (Cth)
• Family Law Act 1975 (Cth)
• FLA gives FCC original jurisdiction
• Irretrievable breakdown of relationship, demonstrated by 12 months of separation
• Kiss and make up clause – 3 months reconciliation
• Matrimonial Causes Act 1959 (Cth) replaced with no-fault divorce
• Make judgement – effective; encourages amicable resolution of issues
• Mandatory counselling for <2 years
• Not required for DV victims
• Make judgement – effective; limits premature divorce, protects DV victims