The Family Law Act 1975 (FLA)
Marriage
Marriage Act 1961 Cth - sets age as 18, unifies state marriage laws and outline
requirements for marriage
Marriage amendment 2004: includes hyde v hyde 1866 to specifically ban same-sex
marriages, and does not recognised same sex marriages overseas
The Marriage Amendment (Definition and Religious Freedoms) Act 2017: legalises the
marriage between same sex couples following a plebisite
De Facto
De Facto Relationships act 1984: defined as a couple that live together for 2 years (in the
same state) or have a child
Family law amendment (de facto financial matters and other measures) act 2008 Cth:
De facto couples can now access the Family Court (separation, superannuation, taxation -
same as a married couple)
Children
UN Convention on the Rights of the Child (CROC) 1989: from international law; Children
are no longer seen as “property” but as people who’s “best interest” must be the primary
consideration. Additionally that they, as vulnerable people in society, protected from
discrimination, violence and exploitation.
Status of Children Act 1996 (NSW): Ex - Nuptial (Born outside of marriage), Nuptial,
Adopted and children born via alternative birth technologies are given the same rights and
are protected
FLA 1975: to protect the “Best interest” of a child
● Opportunity for meaningful relationship with both parents
● Protected from harm, including neglect and abuse
● Meaningful relationship with both parents
● Proper parental care
Education Act 1900 NSW: the right to education for all children
FLA( Shared Parental Responsibility) Act 2006: Best interests were defined as the child’s
right to maintain a meaningful relationship with both parents first and
The need to protect the child from harm as second
FLA (Family Violence and other Measures) Act 2011
● Integrated CROC into in Australian Law- 60B
● Redefined “best interests” as the need to protect the child from harm as top priority
Adoption
Adoption Act 2000 NSW: Defines adoption as the legal process of transferring parental
rights and responsibilities from the biological parents to the adoptive parents
● allows children to access information about adoption at certain age
● Children 12 and over must consent
● A birth mother cannot consent within 3 days of birth and there is a 30 day period they
can change their minds.
Adoption Amendment (Same Sex Couples) Act 2010): allow same sex couples to adopt
children
Marriage
Marriage Act 1961 Cth - sets age as 18, unifies state marriage laws and outline
requirements for marriage
Marriage amendment 2004: includes hyde v hyde 1866 to specifically ban same-sex
marriages, and does not recognised same sex marriages overseas
The Marriage Amendment (Definition and Religious Freedoms) Act 2017: legalises the
marriage between same sex couples following a plebisite
De Facto
De Facto Relationships act 1984: defined as a couple that live together for 2 years (in the
same state) or have a child
Family law amendment (de facto financial matters and other measures) act 2008 Cth:
De facto couples can now access the Family Court (separation, superannuation, taxation -
same as a married couple)
Children
UN Convention on the Rights of the Child (CROC) 1989: from international law; Children
are no longer seen as “property” but as people who’s “best interest” must be the primary
consideration. Additionally that they, as vulnerable people in society, protected from
discrimination, violence and exploitation.
Status of Children Act 1996 (NSW): Ex - Nuptial (Born outside of marriage), Nuptial,
Adopted and children born via alternative birth technologies are given the same rights and
are protected
FLA 1975: to protect the “Best interest” of a child
● Opportunity for meaningful relationship with both parents
● Protected from harm, including neglect and abuse
● Meaningful relationship with both parents
● Proper parental care
Education Act 1900 NSW: the right to education for all children
FLA( Shared Parental Responsibility) Act 2006: Best interests were defined as the child’s
right to maintain a meaningful relationship with both parents first and
The need to protect the child from harm as second
FLA (Family Violence and other Measures) Act 2011
● Integrated CROC into in Australian Law- 60B
● Redefined “best interests” as the need to protect the child from harm as top priority
Adoption
Adoption Act 2000 NSW: Defines adoption as the legal process of transferring parental
rights and responsibilities from the biological parents to the adoptive parents
● allows children to access information about adoption at certain age
● Children 12 and over must consent
● A birth mother cannot consent within 3 days of birth and there is a 30 day period they
can change their minds.
Adoption Amendment (Same Sex Couples) Act 2010): allow same sex couples to adopt
children
