Legal Studies · Year 12 · Family Law · 5.º Período

Evolving Family Law Issues

Students analyse contemporary issues such as domestic violence, surrogacy, and the rights of children. They assess the law's responsiveness to changing societal values regarding the family.

TL;DR:Family law is a dynamic field that must respond to rapidly changing societal values and ethical dilemmas. This topic investigates contemporary issues such as the legal response to domestic and family violence, the complexities of surrogacy and birth technologies, and the rights of children in the digital age. Students evaluate whether the current law is effective in protecting vulnerable family members and whether it has kept pace with medical and social advancements.

• ACARA Content Descriptions
• HSC Option: Family - Contemporary issues concerning family law
• QCE Unit 2: Family law

About This Topic

Family law is a dynamic field that must respond to rapidly changing societal values and ethical dilemmas. This topic investigates contemporary issues such as the legal response to domestic and family violence, the complexities of surrogacy and birth technologies, and the rights of children in the digital age. Students evaluate whether the current law is effective in protecting vulnerable family members and whether it has kept pace with medical and social advancements.

A key focus is the ongoing reform of the family law system to better address the needs of First Nations families and the impact of family violence on parenting arrangements. Students also look at the ethical challenges of international surrogacy and the 'commercialisation' of family. This topic comes alive when students can engage in 'structured debates' on controversial issues, helping them develop a sophisticated understanding of the intersection between law, ethics, and social change.

Key Questions

1. How effectively does the law respond to domestic violence?
2. What are the legal and ethical challenges of surrogacy?
3. How are the rights of children prioritised in family law?

Watch Out for These Misconceptions

Common Misconception

Domestic violence only refers to physical hitting.

What to Teach Instead

The legal definition has expanded to include emotional, financial, and coercive control. A 'concept mapping' activity helps students see the broad range of behaviours that now fall under the legal umbrella of family violence.

Common Misconception

Commercial surrogacy is legal in Australia.

What to Teach Instead

Commercial surrogacy is illegal in all Australian states; only altruistic surrogacy is permitted. A 'legal research' task helps students understand the difference and why many Australians go overseas for surrogacy, creating further legal complications.

Active Learning Ideas

Formal Debate

Surrogacy Laws

Students debate whether commercial surrogacy should be legalised in Australia. They must consider the rights of the surrogate, the intended parents, and the child, as well as the risk of exploitation.

50 min·Whole Class

Inquiry Circle

Domestic Violence Reform

Small groups research a recent change in domestic violence law (e.g., the introduction of 'coercive control' offences). They must evaluate whether this change will improve the safety of victims.

45 min·Small Groups

Think-Pair-Share

Children's Rights vs. Parental Rights

Students discuss a scenario where a child's wishes conflict with their parents' decisions (e.g., medical treatment). They brainstorm with a partner whose rights should prevail and why.

25 min·Pairs

Frequently Asked Questions

What is coercive control?

Coercive control is a pattern of behaviour used by an abuser to dominate and control their partner. It can include isolating them from friends, monitoring their movements, and controlling their finances. Several Australian states are currently moving to make this a specific criminal offence.

What is the difference between altruistic and commercial surrogacy?

Altruistic surrogacy is where the surrogate is not paid beyond their medical and pregnancy-related expenses. Commercial surrogacy involves a payment or reward for the surrogate. In Australia, only altruistic surrogacy is legally recognised.

How does the law handle international surrogacy?

International surrogacy is legally complex. While Australians can go overseas for surrogacy, they may face difficulties in having the child recognised as their legal child in Australia and obtaining Australian citizenship for the child.

How can active learning help students understand evolving family issues?

Active learning, such as 'Hypothetical Scenarios' involving new technologies or social trends, forces students to apply old legal principles to new problems. This helps them see the law as a 'living' thing that requires constant evaluation and reform to remain just.