Legal essay(family law) Essay Example for Free

Legal essay(family law) EssayEvaluate the effectiveness of the law in achieving arbiter for parties involved in relationship breakdown. Legislation and cases strive to achieve justice for all parties involved in a relationship breakdown. However, justice substructure be difficult to achieve as the law does not constantly uphold the rights of individuals. The law does hypothesize social and community values and strives to be accessible. disunite is an example of the law being easily enforced, while with disputes involving children effectiveness isnt always achieved. Amendments to principle now make the law much effective when traffic with relationship breakdowns between same sex couples and de facto relationships. Divorce is becoming more common in society, this means that legislation has been made more effective in achieving individuals rights. The Family law of nature routine 1975 (cth) schematic no fault divorce, as long as the couple is separate for 12months, that o verturned the Matrimonial Causes exploit 1959 (Cth). Divorce is an effective method in achieving justice for parties involved in a relationship breakdown.An example of this is in the case Pavey v Pavey 1976, this case established separate under one roof, this allowed couples to get a divorce even if they were living together due to financial strain. Pavey v Pavey is an example of how the law achieves justice for individuals and the accessibility of the law. Most issues related to relationship breakdown involves children, legislation has been improved in recent years to overcome this, but there are alleviate many cases where justice isnt achieved for all parties.The Child Support (assessment) Act 1984 (cth) aims to deduct money to support the child if the parent isnt living with them. The federal official Government in 1990 ratified the UNs Convention on the Rights of the Child. This ruled that all cases were to be solved in the best interests of the child. The Family police force Reform Act 1995 (Cth) recognises best interests of the child and also changes custody to residency and contact. This legislation has effectively achieved justice for families however, the best interests of the child and the presumption of overlap parenting outlined in the Family uprightness Amendment Act (Shared Responsibilities) Act 2006 (NSW) was overturned by the High Court.The High Court overturned best interests of the child in the case MRR V GR 2010, as shared parenting wasnt reasonably practible and the rights of the individual was not being upheld. MRR v GR is an example of how legislation is not effective, but due to the responsiveness of the legal system, justice was achieved. The Family Law Amendment (Shared Responsibilities) Act 2006 (NSW) also created Family Relationship Centres that allowed families to resolve disputes and there is compulsory 3 hours mediation in the breakdown of a marriage involving children. The law has been effective in achieving justice for part ies involved in a relationship breakdown as it upholds community values, is accessible and responsive and aims to protect the rights of individuals.The law is also responsive in protecting the rights of individuals through the media and lobby groups. Lobby Groups such as Dads in Distress, aimed to establish shared parenting as they were unable to see their children. This lead to reforms in the Family Law Act with a presumption of shared parenting. However the media has given reports of children being at risk because of shared parenting. This is shown in the SMH report For the Sake of the Children. The law has to reflect communitys conflicting vales and therefore is not always effective in protecting the rights of the individual.Unmarried couples also have to be defend in the event of a relationship breakdown and justice must be achieved. The Property (Relationships) Act 1984 (NSW) defines de facto relationships and included same sex relationships in the definition. This act protect s individuals in the situation of a relationship breakdown by identifying which parties get what. The SMH released an article, Heres an Idea that recognises de facto relationships as a valid choice and that they should be protected by the law.Through recent legislation reforms individuals rights are achieved, as well as the law being accessible. However, legislation is not always responsive, as de facto relationships were only defined in 1984, and they did not have the same rights as married couples until then. The law is effective in achieving justice for parties involved in a relationship breakdown. Divorce is easily accessible and responsive. Relationship breakdown including children is mainly effective in protecting the rights of individuals and upholding societal values. Through recent legislation developments the relationship breakdown of de facto relationships is now treated the same as the dissolution of marriage. The law is mostly effective in achieving justice and protecti ng the rights of individuals involved in a relationship breakdown.View as multi-pages