Legal Studies · Year 11 · Contemporary Legal Issues · 4.º Período

Family Law

Examine the legal definition of family and the laws governing marriage, divorce, and the care of children. Assess the legal system's response to domestic violence.

TL;DR:Family law governs the most personal aspects of life, including marriage, divorce, and the care of children. Students examine the Family Law Act 1975, which introduced 'no-fault' divorce and established the Family Court of Australia. They also explore how the law defines 'family' in a modern, multicultural context, including de facto relationships and same-sex marriage.

• ACARA Content Descriptions
• NESA Preliminary Outcome P6
• NESA Preliminary Outcome P8

About This Topic

Family law governs the most personal aspects of life, including marriage, divorce, and the care of children. Students examine the Family Law Act 1975, which introduced 'no-fault' divorce and established the Family Court of Australia. They also explore how the law defines 'family' in a modern, multicultural context, including de facto relationships and same-sex marriage.

This topic addresses NESA outcomes P6 and P8, focusing on how the legal system balances the rights of parents with the 'best interests of the child.' It also evaluates the effectiveness of the law in responding to domestic and family violence. This topic comes alive when students can physically model the patterns of family dispute resolution through role play and collaborative problem solving regarding parenting plans.

Key Questions

1. How does the law define and protect family relationships?
2. What are the legal processes for divorce and child custody?
3. How effective is the law in addressing domestic violence?

Watch Out for These Misconceptions

Common Misconception

You have to prove your spouse did something wrong to get a divorce.

What to Teach Instead

Australia has a 'no-fault' divorce system. The only requirement is that the marriage has broken down irretrievably, evidenced by a 12-month separation. A timeline activity of the 1975 reforms helps students understand why this change was so significant.

Common Misconception

Mothers always get custody of the children.

What to Teach Instead

The law does not favour one parent over the other; the focus is entirely on the 'best interests of the child.' There is a presumption of 'equal shared parental responsibility,' though this is not the same as 'equal time.' Peer analysis of parenting orders clarifies this distinction.

Active Learning Ideas

Inquiry Circle

The 'Best Interests' Test

Groups are given a parenting dispute scenario. They must use the Family Law Act to identify the primary and additional considerations a judge uses to determine the best interests of the child, then propose a parenting plan that meets those criteria.

45 min·Small Groups

Role Play

Family Dispute Resolution (FDR)

Students act out an FDR session where a separating couple tries to agree on the division of property. This highlights the role of the mediator and the legal requirement to attempt mediation before going to court.

40 min·Small Groups

Think-Pair-Share

Defining 'Family' in Law

Students list different family structures (e.g., nuclear, blended, kinship, foster). They discuss with a partner how the law has changed to recognise these diverse forms and share one example of a recent legal reform in this area.

20 min·Pairs

Frequently Asked Questions

What is an Apprehended Domestic Violence Order (ADVO)?

An ADVO is a court order made to protect a person from violence, threats, or harassment by someone they have a domestic relationship with. It is a civil order, but breaching it is a criminal offence. Students often examine how ADVOs are used as a primary tool for protecting victims of family violence.

How does the law handle property division after a breakup?

The court looks at both financial contributions (like wages) and non-financial contributions (like housework and childcare). It also considers the future needs of each party, such as their health and ability to earn an income. Students can use a 'property pool' simulation to practice this balancing act.

How can active learning help students understand family law?

Family law is emotionally charged. Active learning strategies like role play allow students to explore these sensitive issues with professional distance. By acting as a mediator or a legal advocate, they focus on the legal principles and the 'best interests' test rather than just the conflict, leading to a more objective understanding of the law's role.

What are the legal requirements for a valid marriage in Australia?

Under the Marriage Act 1961, a marriage must be between two people of marriageable age (usually 18), who are not already married, and who give their free and full consent. The 2017 amendment ensured these requirements apply regardless of gender.