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Historically, the only type of relationship that was accepted by society was a heterosexual marriage between a man and woman, thus this led to severe discrimination against same sex couples, unmarried single mothers, unmarried heterosexual couples, etc.But, over time the morals and values of society has changed and it has been more accepting of de facto couples.
Refer to problems in family relationships in your response.
Family law, possibly more than any other area of law, is filled with issues that reflect the values and ethics of Australian society.
Additionally the law has reformed several concepts and legislation in order to uphold the protection of victims, with some states introducing mandatory counselling.
There is justified debate regarding the effectiveness of these legal avenues in protecting victims of domestic violence; debate raised by varied sources such as the Department Of Community Services, and other similar bodies.
The role of the family law role is to protect all family members, particularly the rights and responsibilities of children.
Due to the ever changing notion of family there have been amendments to existing legislations, new legislations have emerged and court procedures have also changed.
This required one of the parties to prove to the court that the other party was at fault (i.e. However, it was found out that such “at fault” divorces were inefficient and led to severe strain on all families undergoing such a divorce, especially on the children – as their parents were fighting in court about who is to blame.
This is apparent in the case “Smith and Smith” where their divorce proceedings took over 3 years to sort out, due to Mrs.
That is why, under Family Law Amendment (Shared Responsibility) Act 2006, parents have to draw up a parenting plan in regards to children in the event of a divorce. Overall, the law reform in regards to divorce and parental responsibilities have been very effective in protecting the rights of all those involved – which is due to changes in morals and values of society.
De facto relationships weren’t previously recognized same-sex or otherwise.