Family Law Act and Scenario 1

Family Law Act

Introduction

The Family Law Act is an Australian piece of legislation, formed to create a framework of Family Law for Australian citizens. It aimed to guide the society and its people in times of distorted familial matters. It was enacted to work as a shield to filter and prevent propagation of unwanted practices. But day by day its irrelevancy is becoming evident because it has failed to keep pace with societal changes; it is failing children and it is failing families.

Discussion

Domestic Violence and its effective dealing is the most common cause behind the passing of Family Law Act or FLA in 1975. It is pre-dominately seen as gender phenomenon with men being the superior. Women are traditionally seen as subservient to their husband and it was common perception until 1891. Women could be beaten if they do not comply with their husband's wishes and commands. But even after 1891 in many cases, it was ruled by trial judge that wife is punishable if she does not follow her husband's orders (Chisholm, 2009). The most vulnerable in the family disputes are always children.

The Family Law Act was passed in 1975 to provide safeguard but its stringent conduct failed to acknowledge the evolving problems in Australia. Domestic Violence is commonplace in Australia. Emotional Abuse, physical assault, rape and killing by family member were on the rise. But it started to gain attention in 70's. Even then it was only children who were given attention, although women's issues also needed to be addressed but it was not because of the long held corrosive belief. The system came into being with a loophole and its own biases.

Child Protection System is also distorted. Inquiry for family violence holds an interaction between federal FLA and Child Protection Law (Higgins & Kaspiew, 2008, pp. 235). Children should be kept away from mingling within this federal system. This may lead to their nervous breakdown; they may become prone to some physical or personality disorder as consequence of these disputes. Their career, development and future are at stake. It is children's safety and right to have relation with both parents that is breached. In such situation, children can easily be manipulated which can lead them into wrong direction.

The Law blotted in these critical aspects. Family Law failed to look at all these instances. It is an unsuccessful legislation that failed to define unacceptable practices in terms of family violence and abuse, protection matters and alike. Research conducted by Australian Institute of Family Studies has confirmed that under the previous family law framework, the issue of family violence was not dealt with effectively (Moloney et al., 2007). Certain aspects of FLA are discussed below to highlight the gaps that exist within the federal system; that emphasizes its inefficacy.

Child Custody

Fair considerations are usually not practiced within the legal system. Research suggests that there are three important aspects that need to be factored in decisions regarding entitlements. These are caregiving, intentionality and biological ...