Active learning ideas
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.
Activity 01
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.
How does the law define and protect family relationships?
Activity 02
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.
What are the legal processes for divorce and child custody?
Activity 03
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.
How effective is the law in addressing domestic violence?
A few notes on teaching this unit
Watch Out for These Misconceptions
You have to prove your spouse did something wrong to get a divorce.
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.
Mothers always get custody of the children.
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.
Methods used in this brief
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