Family Court Act (1997)
Overview: 'The legislation to cover arrangements for children of unmarried people.' - Family Court of Western Australia. This was mainly aimed at children from families of divorced parents. This act also repealed section 35 of Family Court Act 1975 which gave the mother sole guardianship of children if divorce were to occur.
Needs for this Law: The Law is needed because of the increase in people who have children but are not married and also for people that were married when they have the child but get divorced and need an intervening power to make decision about the child , e.g. custody of the child. The act allowed for children to be placed in the best possible situation/with the best possible guardian or parent if divorce were to occur.
Main Principles/Pros:
- allowed for children to be more protected in situations where their parents were not married
- allowed the child to be put with the best possible guardian/parent in custody disputes
Negatives/Cons:
- it did not include de facto relationships until 2002
- the act was mainly for the children from parents who had been divorced.
Links:
- http://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=BAA5A2B6DA4F0EFA482565D100173E1E
- http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_2931_homepage.html
- http://www.familycourt.wa.gov.au/l/legislation.aspx
Needs for this Law: The Law is needed because of the increase in people who have children but are not married and also for people that were married when they have the child but get divorced and need an intervening power to make decision about the child , e.g. custody of the child. The act allowed for children to be placed in the best possible situation/with the best possible guardian or parent if divorce were to occur.
Main Principles/Pros:
- allowed for children to be more protected in situations where their parents were not married
- allowed the child to be put with the best possible guardian/parent in custody disputes
Negatives/Cons:
- it did not include de facto relationships until 2002
- the act was mainly for the children from parents who had been divorced.
Links:
- http://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=BAA5A2B6DA4F0EFA482565D100173E1E
- http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_2931_homepage.html
- http://www.familycourt.wa.gov.au/l/legislation.aspx