Family Law Research Paper

Running head: RESEARCH PAPER 0
FAMILY LAW
SEPTEMBER 3, 2019
STUDENT DETAILS:

RESEARCH PAPER 1
Contents
Introduction.................................................................................................................... 2
Jurisdiction of court.......................................................................................................... 2
Consideration and determination of best interest of children........................................................5
Options available for separated parents to resolve parenting disputes.............................................7
How court deals with relocation of children differently?.............................................................9
Conclusion................................................................................................................... 10
Bibliography................................................................................................................ 11

RESEARCH PAPER 2
Introduction
While the parents of children under eighteen separate, in that case both have parental
responsibilities for the children, subject to the orders of court. These shared parental
responsibilities differ from same time. The parents also have certain obligations. It is their duty
to support their children monetarily. At the time of separating the parents, they turn to the family
law system (court, counsellor, and advocate) for sorting out the post separation arrangement. The
family law system may be as harder on the young people as this is upon parents. This concern
directs the Family Law Act 19751, and manages the international parent and children judicial
cases. This significant issue has the policy accountability for the post-separation service.
The Family Law Act 1975 puts focus on the children’s rights as well as the accountabilities,
which all the parents have to the children, instead of on parent’s rights. The Family Law Act
1975 is aimed to make sure that the child may enjoy the significant relation with all of the
parents, as well as are secured from harms2. The paper assesses how child protection as well as
federal family law systems operates, so that their intersection can be understood in better way by
the functioning in all systems. In the meeting of social workers conducted in Darwin, the court
jurisdiction, way of determination of best interest of children, and options available for separated
parents to resolve parenting disputes will be discussed and examined. This paper also discusses
how the court deals with children’s relocation in different way.
Jurisdiction of court
1 The Family Law Act 1975
2 Michelle Painter and Palaniappan Surya.
Re: Kelvin-a turning point for gender dysphoria
cases in Australia. (Routledge, 2018)

RESEARCH PAPER 3
The family court is the court having limited jurisdiction. The family court hears the matters
related to the family law. For n instance, the family courts usually consider the matters related to
the divorce, custody of children, as well as the domestic violence. The family courts are
regulated by the local law as well as state law. Based on jurisdiction, the courts may be named
as domestic courts. Additionally, the family courts also regulate the ineffectiveness along with
guardianship trials in certain jurisdictions. Other jurisdictions leave the cases to the probate
courts. Mainly, the cases of family law, like application for divorce, made deal with by the
Australian Circuit Court or Australian family court or Federal. In addition, the Northern
Territory Local Courts have the limited jurisdiction. They can only hear matters of family law3.
Additionally, the local court may consider only certain matters of the family law. These are
discussed below-
The disputes related to family law property wherever the property’s value is not more than
20,000 $, except every person consents to local court considering a case wherever the properties
have the value more than 20,000 $
 Parenting case in which each party consents to local court practicing the jurisdiction of
family law4.
The section 69J of the Family Law Act renders all state-court along with territory court of
summary jurisdiction may practice the federal family law jurisdiction. The section 69N qualifies
it in that the court of summary jurisdiction may not hear defended proceeding in relation to the
orders of parenting, other than the children maintaining orders, without approval of each party.
In a case when approval not given, the court is grateful for transferring proceeding to Family
3
4 Jennifer Fraser and Stasa Helen.
2 Child rights in Australia (Springer, 2017)