Journal articles: 'Family Law Act'

1

Pearl, David. "Family Law Act 1986, Part II." Cambridge Law Journal 46, no. 1 (March 1987): 35–38. http://dx.doi.org/10.1017/s0008197300113546.

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Treloar, R., and S. B. Boyd. "Family Law Reform in (Neoliberal) Context: British Columbia's New Family Law Act." International Journal of Law, Policy and the Family 28, no. 1 (February 3, 2014): 77–99. http://dx.doi.org/10.1093/lawfam/ebt017.

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Lusink, Margaret. "THE FAMILY LAW ACT 1975-77-AUSTRALIA." Family Court Review 16, no. 1 (March 15, 2005): 39–44. http://dx.doi.org/10.1111/j.174-1617.1978.tb00772.x.

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Ellis, Brian. "RAISE Family Caregivers Act Signed Into Law." Caring for the Ages 19, no. 3 (March 2018): 7. http://dx.doi.org/10.1016/j.carage.2018.02.007.

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Meibusch, Peter, and Alastair Ross. "Parentage testing procedures under the Family Law Act." Medical Journal of Australia 149, no. 11-12 (December 1988): 721–22. http://dx.doi.org/10.5694/j.1326-5377.1988.tb120852.x.

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Rueben, Judith. "Court Counselling Under the Family Law Act 1975." Children Australia 13, no. 4 (1988): 7–8. http://dx.doi.org/10.1017/s0312897000002058.

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Pilkington, M. P. "Transnational Divorces Under the Family Law Act 1986." International and Comparative Law Quarterly 37, no. 1 (January 1988): 131–43. http://dx.doi.org/10.1093/iclqaj/37.1.131.

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8

Not Available, Not Available. "Auszug aus dem englischen Family Law Act 1996." Deutsches und Europ�isches Familienrecht 1, no. 1 (February 1, 1999): 52–54. http://dx.doi.org/10.1007/s100410050015.

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9

Brammer, Alison. "The Family Law Act 1996: A new response to family violence." Tizard Learning Disability Review 3, no. 1 (January 1998): 32–34. http://dx.doi.org/10.1108/13595474199800007.

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10

Hall, J. C. "The Matrimonial and Family Proceedings Act 1984." Cambridge Law Journal 44, no. 1 (March 1985): 13–15. http://dx.doi.org/10.1017/s0008197300114321.

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11

Boland, Cathy. "Is a Class-Neutral Family Policy Feasible? The Family Law Act 1975." Australian Journal of Marriage and Family 13, no. 1 (March 1992): 34–43. http://dx.doi.org/10.1080/1034652x.1992.11004443.

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12

Harrison, M. "Australia's Family Law Act: The First Twenty-Five Years." International Journal of Law, Policy and the Family 16, no. 1 (April 1, 2002): 1–21. http://dx.doi.org/10.1093/lawfam/16.1.1.

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13

Fain, Harry M. "AN ATTORNEY REACTS TO CALIFORNIA'S NEW FAMILY LAW ACT." Family Court Review 7, no. 2 (March 15, 2005): 16–18. http://dx.doi.org/10.1111/j.174-1617.1969.tb01173.x.

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Kovacek-Stanic, Gordana. "Family law aspect of biomedically assisted conception in Serbian and European law." Zbornik Matice srpske za drustvene nauke, no. 131 (2010): 415–30. http://dx.doi.org/10.2298/zmsdn1031415k.

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Free access to biomedically assisted conception for the couples of less than 40 years of age has been introduced in Serbia recently, while in 2009 the Act on curing infertility by biomedically assisted conception was adopted. In this paper the following issues are discussed: notion of biomedically assisted conception, participants in the process, donors, motherhood and fatherhood, status of spare embryos. The author concludes that even though Serbia is one of the last European countries to adopt the Act on biomedically assisted conception and there was an opportunity to use the experiences of other countries in this field and to adopt an act which would be theoretically meaningful and clear, unfortunately this opportunity was not taken. The author expresses hope that the Act would be changed in a near future, in order to clear the lack of clarity and contradictions and harmonize legal solutions with theoretical legal principles in this field. In this paper the author uses comparative method comparing Serbian legislation and legislation of different European countries. .

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15

Parkinson, Patrick. "Constitutional Law and the Limits of Discretion in Family Property Law." Federal Law Review 44, no. 1 (March 2016): 49–75. http://dx.doi.org/10.1177/0067205x1604400103.

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The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspects of the Act can only be valid to the extent to which the law is an appropriate application of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. These constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the need to adjust property rights must result from the circumstances of the marital relationship or be justified as a consequence of the financial impact upon a party of its breakdown. The authority of Parliament to make laws concerning the alteration of the property rights of de facto partners is limited to cases of relationship breakdown. Furthermore, the Family Court of Australia and the Federal Circuit Court of Australia are both Chapter III courts. That has implications for the kind of discretion that Parliament can lawfully confer upon the trial judge, and the limits of that discretion. Some recent dicta and decisions of the Full Court of the Court suggest a view of judicial discretion which, it is argued, is inconsistent with the nature of judicial power in a Chapter III court. The discretion of trial judges is fettered by three duties: The duty to follow the interpretation of the Act as established authoritatively by appellate decisions, taking account of guidelines in appellate judgments; the duty to give reasons that explain the outcome of the case, and in particular, to justify the alteration of legal and equitable interests in specific items of property; and the duty to avoid arbitrary and capricious decision-making. The current jurisprudence on family property law is not necessarily consistent with these constitutional limitations.

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Kuklík, Jan, and Petra Skřejpková. "Changes in Family Law and the Adoption of the Family Act in 1949." PRÁVNĚHISTORICKÉ STUDIE 49, no. 2 (February 25, 2020): 20–29. http://dx.doi.org/10.14712/2464689x.2019.29.

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17

Roff, Emma. "Family violence and the workplace: Recent developments in Australian law." Alternative Law Journal 45, no. 1 (December 3, 2019): 45–51. http://dx.doi.org/10.1177/1037969x19887558.

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This article examines the workplace rights and anti-discrimination protections available for Australian workers who experience family violence. Despite the significance of family violence as a workplace issue, federal anti-discrimination law and, until recently, the Fair Work Act 2009 (Cth) have failed to provide adequate protection to such employees. The author considers two recent developments in Australian law which may provide more comprehensive rights and protections for family violence victims. Namely, the introduction of domestic violence leave by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) and the family violence attribute under the ACT Discrimination Act 1991.

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Akhtar, Zia. "Native Family Law, Indian Child Welfare Act and Tribal Sovereignty." First Peoples Child & Family Review 7, no. 2 (April 30, 2020): 130–47. http://dx.doi.org/10.7202/1068846ar.

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There has been historical abuse of Native American children in the U.S. which began in the late 19th century in what is known as the residential school movement. It led to their forced integration on pain of removing and eradicating traces of their Indian heritage. The lack of protection for Indigenous children in being transferred from the reservations to non- Indian foster parents caused the U.S. Congress to use their legislative power and enact the Indian Child Welfare Act of 1978 [ICWA]. This has intervened in a process that is aimed at keeping Native American children within the tribe of their parents over the last 35 years. The result of the ICWA is that it has led to the greater supervision by tribal courts over children but it has caused a conflict to arise with the state courts due to jurisdictional reasons that allows guardianship and supervision to non-Indian parents. The Arizona Court of Appeals has recently ruled in Navajo Nation v. Arizona Department of Economic Security (2012) CA-JV 11-0123 that an Indian child can stay with his non-Native foster parents despite the protests of the tribe that it was infringing the provisions of the statute. This article is intended for the practitioner and policy makers and brings to the fore the issues of the preservation of children on reservation lands, and the need for a greater care consideration in the determination if they should be transferred to foster parents outside the tribe’s jurisdiction. It also conducts a comparison with Canada where First Nations children have also suffered abuse and where there is an ongoing debate about the course of action to prevent the appropriation of children from the reserves to live with the non-Native foster parents.

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19

Guthrie, Tom, and Hilary Hiram. "Property and Cohabitation: Understanding the Family Law (Scotland) Act 2006." Edinburgh Law Review 11, no. 2 (May 2007): 208–29. http://dx.doi.org/10.3366/elr.2007.11.2.208.

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20

Hogoboom, William P. "THE CALIFORNIA FAMILY LAW ACT OF 1970: 21 MONTHS EXPERIENCE." Family Court Review 9, no. 1 (March 15, 2005): 5–8. http://dx.doi.org/10.1111/j.174-1617.1971.tb00720.x.

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21

Dean, Meryll. "The Family Law Act 1996 - Mending or ending a marriage?" Deutsches und Europ�isches Familienrecht 1, no. 1 (February 1, 1999): 47–51. http://dx.doi.org/10.1007/s100410050014.

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22

Bagan-Kurluta, Katarzyna. "Notions and Concepts in Family Law. Discrepancy Between Polish Family Law and Social Reality." Studies in Logic, Grammar and Rhetoric 49, no. 1 (March 1, 2017): 7–20. http://dx.doi.org/10.1515/slgr-2017-0001.

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Abstract Modern times are an arena for two opposing trends: the liberalization of mores and laws, and the distancing of changes and adoption of a conservative position against those that occur. Polish family law clearly fails to keep pace with the changes taking place and does not perceive new phenomena. Is this an intentional act of the legislator leading to the preservation of traditional values, or the expression of disapproval and belief in the transitoriness of new phenomena? It comes together with the introduction of new terminology or new interpretations of already existing concepts. Hence the meaning of some of the current concepts in everyday language differs significantly from their meaning arising from legal instruments. The article is an attempt to deal with this problem.

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23

Stanić, Gordana Kovaček. "Serbian Family Law: Rights of the Child." International Journal of Children's Rights 17, no. 4 (2009): 585–609. http://dx.doi.org/10.1163/092755609x12513562300829.

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AbstractThis paper deals with the rights of the child primarily in Serbian family law. According to Serbian Family Act 2005 the child at a certain age acquires some specific rights. For instance, at the age of fifteen if the child is able to reason he has these rights: to change a personal name, to get the information on his/her origins, to decide with which parent he/she will live, on maintaining personal contact with the parent he/she does not live with, the right to give consent to medical procedures, to decide which secondary school he/she will attend. The child has the right to freely express his or her opinion if the child is capable of forming an opinion. When reaches ten years of age the child has the right to freely and directly express his/her opinion. The Family Act of Serbia 2005 has introduced a special court proceeding in disputes for the protection of the child's rights.

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24

Roberts, M. "New Zealand's Family Court - Reflections for the Family Law Act of England and Wales." International Journal of Law, Policy and the Family 11, no. 2 (August 1, 1997): 246–69. http://dx.doi.org/10.1093/lawfam/11.2.246.

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25

Cownie, Fiona, and Anthony Bradney. "Divided justice, different voices: inheritance and family provision." Legal Studies 23, no. 4 (November 2003): 566–86. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00228.x.

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Both the Family Division of the High Court and the Chancery Division of the High Court exercise jurisdiction over the Inheritance (Provision for Family and Dependents) Act 1975, with the applicant being able to elect the Division that they wish to proceed in. Many practitioners believe that the two Divisions have different attitudes towards the Act. This paper argues the structure of the 1975 Act makes it highly likely that the two Divisions will approach in different ways and that a close analysis of judgments shows that there is a discernible difference in the rhetoric that is used in judgments in the two Divisions, that this difference in rhetoric affects the way in which applicants are viewed and that thus sometimes it affects the outcome of cases. Since there is no advantage in practice to having the two jurisdictions and since the difference between the jurisprudences in the two Divisions can result in like cases not being treated alike, an elementary form of injustice. The paper concludes that it would be better if one Division exercised sole jurisdiction over the Act.

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26

Lee, Jin-Ki. "Analysis on the Amendment of Family Law in Korean Civil Act." Korean Society Of Family Law 31, no. 2 (July 31, 2017): 99–130. http://dx.doi.org/10.31998/ksfl.2017.31.2.99.

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27

Daniel, Lucy. "Australia's Family Law Amendment (Shared Responsibility) Act 2006: A policy critique." Journal of Social Welfare and Family Law 31, no. 2 (June 2009): 147–58. http://dx.doi.org/10.1080/09649060903043521.

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28

Powell, Robyn M. "Family Law, Parents with Disabilities, and the Americans with Disabilities Act." Family Court Review 57, no. 1 (January 2019): 37–53. http://dx.doi.org/10.1111/fcre.12396.

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29

Owusu, Sampson. "Union other Than Marriage under the Barbados Family Law Act, 1981." Anglo-American Law Review 21, no. 4 (October 1992): 449–84. http://dx.doi.org/10.1177/147377959202100405.

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30

PARKER, STEPHEN. "THE MARRIAGE ACT 1753: A CASE STUDY IN FAMILY LAW-MAKING." "International Journal of Law, Policy and the Family" 1, no. 1 (1987): 133–54. http://dx.doi.org/10.1093/lawfam/1.1.133.

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31

Porter, Everette M. "PRACTICE AND PROCEDURE UNDER THE CALIFORNIA FAMILY LAW ACT OF 1969." Family Court Review 8, no. 2 (March 15, 2005): 14–19. http://dx.doi.org/10.1111/j.174-1617.1970.tb00708.x.

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32

Caputo, Richard K., and Francis M. Moynihan. "Family Options: A Practice/Research Model in Family Violence." Social Casework 67, no. 8 (October 1986): 460–65. http://dx.doi.org/10.1177/104438948606700802.

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A practice/research model in the area of family violence is described. Special attention is focused on how this intervention strategy targets and influences families that experience violence and the judicial and law-enforcement agencies responsible for implementing Illinois's Domestic Violence Act.

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33

Pejak-Prokeš, Olivera. "Family violence." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 46–58. http://dx.doi.org/10.5937/gakv0602046p.

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The new Family Act of the Republic of Serbia establishes normative system in the field of family law matters, which is compatible to the contemporary European laws and practice. Family violence is for the first time legally regulated in the field of Serbian civil law. This paper intends to demonstrate different forms of family violence, its range, as well as legal solutions established in order to define the problem and rules of procedure for adopting safeguard measures against the family violence. The court practice in the matters of protection against violence is still being developed. The Family Act establishes specialized court panels for these kinds of legal matters. Judges are required to obtain special knowledge in the field of children's rights, while the lay judges are supposed to be persons who gained experience by working with children and young people. In order to provide the victims of the family violence with the appropriate court protection, it is necessary to establish coordinated action and cooperation between courts, police, prosecution, court for minor offences social service, health institutions, educational centers and non-governmental organizations.

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34

Parkinson, Patrick. "Quantifying the Homemaker Contribution in Family Property Law." Federal Law Review 31, no. 1 (March 2003): 1–55. http://dx.doi.org/10.22145/flr.31.1.1.

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A central question in family property law in Australia is how to place a value on the homemaker contribution in comparison with other kinds of contribution. The problem is especially difficult where the property largely consists of assets owned before marriage, acquired by inheritance, or received after separation. This article explores the relevance of the homemaker contribution to property division both in marriages and de facto relationships, challenging the popular assumption that living together per se justifies significant wealth transfers. It is argued that parenthood provides the most important justification for property alteration, and that withdrawal from workforce participation due to the care of children or other family members is the primary concern in evaluating the homemaker contribution. The article then goes on to explore what the homemaker contribution meant when the Family Law Act 1975 (Cth) (‘the Family Law Act’) was enacted, and how that conceptual coherence has become lost over time. There are now two different approaches which have emerged to the quantification of the homemaker contribution in the context of pre-marital property, inheritances, damages awards and property acquired after separation. These approaches are irreconcilable. The approach which is now finding favour in the Full Court of the Family Court is one which makes it impossible for the Court to explain how it has reached its decision on the quantification of the parties' proportionate shares. Furthermore, it is founded on an interpretation of the homemaker contribution that Parliament never intended and has not since authorised. This raises important questions about the legitimacy of the Court's approach to property division under s 79 of the Family Law Act. The article concludes by offering a new interpretation of the role which the homemaker contribution should play in the division of property on relationship breakdown which is consistent with the overall framework of s 79. It involves two distinct considerations of the homemaker contribution. The first is to examine how homemaker contributions should be rewarded. The second is to consider how they should be compensated.

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Kovacek-Stanic, Gordana. "The Serbian family act from 2005 in the context of family planning." Zbornik Matice srpske za drustvene nauke, no. 121 (2006): 157–70. http://dx.doi.org/10.2298/zmsdn0621157k.

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In 2005, Serbia enacted a new Family Act, which is also applied in Vojvodina Regarding family planning, the Family Act has introduced a reform of the provisions on parentage in cases of medically assisted conception. Regarding motherhood, the basic rule is that the mother is considered to be the woman that gave birth to the child, regardless of whether she is the genetic mother or whether the genetic material of another woman has been used. As for fatherhood, the basic rule is that the father is considered to be the husband or cohabiting partner of the mother, if he has given his written consent to artificial insemination. This rule applies both in cases of AIH (artificial insemination with husband/cohabiting partner sperm) and AID (artificial insemination with donor sperm). This paper deals with the issue of surrogate motherhood in European countries, as well. The regulation of the Family Act on parentage in cases of medically assisted conception presupposes the application of certain techniques of medical conception. These are the donation of the egg cell, embryo, AIH and AID. Furthermore, this regulation stipulates that subjects of medically assisted conception can be, besides spouses, heterosexual cohabiting partners. These issues, however, should be addressed by another law that would fully govern the area of medically assisted conception. Unfortunately, in contrast to the majority of European countries, such a law still does not exist in Serbia.

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Fikriyah, Uswatul. "Engagement Cancellation and Its Legal Implication In Malaysia (Woman’s Rights Perspective)." JURISDICTIE 6, no. 2 (March 13, 2017): 98. http://dx.doi.org/10.18860/j.v6i2.4102.

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This article aims to describe the legal implication of engagement cancellation in Malaysia and to analyze the woman’s rights protection aspect in Act 303 Islamic Family Law Federal Territory 1984 in Malaysia. This article based on library research focuses on regulation Islamic Family Law Federal Territory Act 303 year 1984 of Malaysia, particularly concerning on about betrothal or Engagement. The result of this study show that the implication of engagement itself could open the opportunities to both of bride and groom to understand and know each other. The implications of engagement cancellation that can be taken from section 15 Act 303 Islamic Family Law Federal Territory. In Islamic family law in Malaysia especially Act 303 Federal Territory Islamic Family Law 1984 women have rights in accordance with their position, namely in the form of rights before marriage, the rights within marriage and the last is the rights after divorce. Women's rights protection aspects contained in the Act 303 Islamic Family Law Federal Territory generally not only in case of engagement cancellation or breach of promise of marriage (bethrothal) but in all the rights of women in marriage. It has the purpose to protect women's rights.

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37

Oshio, P. Ehi. "The Land Use Act and the Institution of Family Property in Nigeria." Journal of African Law 34, no. 2 (1990): 79–92. http://dx.doi.org/10.1017/s0021855300008238.

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The Land Use Act, 1978 is, indeed, a “giant-killer”. In the recent case of Savannah Bank of Nigeria Limited and Another v. Ammel Ajilo and Another a learned Justice of the Supreme Court of Nigeria seized the opportunity to indict a doyen of the Nigerian Bar for a seeming misapprehension of the revolutionary effect of the Act on the land tenurial system of the country. But we hasten to point out that the Act is not the problem child only of the Bar, for the Bench is not free from the same misapprehension for which this learned gentleman of the Bar was indicted. Indeed, there is mounting evidence from the conflicting opinions of our courts on the Act that the latter is the “Achilles' heel” also of the Bench. One glaring instance: while the Supreme Court in recognition of group holdings under customary law conceded communal title to a right of occupancy under the Act to a community in the case of Chief S.U. Ojeme and Others v. His Highness Momodu II and Others the Court of Appeal expressed the contrary view in the subsequent case of L.S.D.P.C. and Others v.

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Szeibert, Orsolya. "Family Law Book as Fourth Book of the New Hungarian Civil Code." International and Comparative Law Review 13, no. 2 (December 1, 2013): 85–95. http://dx.doi.org/10.1515/iclr-2016-0072.

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Abstract Hungarian family law is regulated primarily in the Family Act today. This Act was accepted in 1952 but as it has been modified several times it serves the legal interests of family and family members in harmony with European standards. Nevertheless, the idea of codifying a new Civil Code in 1998 raised the question whether family law should have been included in a new Civil Code. The scientific opinions were diverging on this issue at that time, but later on it became accepted that family law should get back into the corpus of a Civil Code. The article gives an analysis of the developments and most recent changes.

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Henaghan, Mark, and Ruth Ballantyne. "Bill Atkin: A Fierce Defender of Children's Rights and Proponent of Child-Focused Legislation." Victoria University of Wellington Law Review 46, no. 3 (October 1, 2015): 591. http://dx.doi.org/10.26686/vuwlr.v46i3.4912.

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This article illustrates the different ways in which Professor Bill Atkin has shown where family law legislative reforms have fallen short in making the rights and well-being of children the paramount consideration in family law disputes, and properly taking account of children's views on matters that affect them. It examines Atkin's thought-provoking analysis of the introduction of the Care of Children Act 2004 and the changes made in recent years to the Child Support Act 1991, the Property (Relationships) Act 1976 and the Family Court system as a whole. The article also explores Atkin's approval of the amendments to the Crimes Act 1961 preventing parents from using physical discipline against their children for the purposes of correction. Overall, the article highlights Atkin's extensive contribution to family law and demonstrates what needs to be changed to ensure New Zealand family law and society becomes more child-focused in the future.

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Oldham, Mika. "BALANCING COMMERCIAL AND FAMILY INTERESTS UNDER TLATA 1996, s. 15." Cambridge Law Journal 60, no. 1 (March 2001): 1–58. http://dx.doi.org/10.1017/s0008197301740615.

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THE The Mortgage Corporation v. Shaire [2000] 1 F.L.R. 973, is the first case to apply section 15 of the Trusts of Land and Appointment of Trustees Act 1996. Neuberger J. in the Chancery Division confirmed, contrary to dicta in TSB plc v. Marshall [1998] 2 F.L.R. 769, that on an application for an order for sale of mortgaged property section 15 gives the court greater flexibility than it had under its predecessor, the Law of Property Act 1925, s. 30.

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Lowe, N. V. "The Family Law Reform Act 1987 - Useful Reform but an Unhappy Compromise?" Denning Law Journal 3, no. 1 (October 30, 2012): 77–88. http://dx.doi.org/10.5750/dlj.v3i1.173.

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42

Cvejić-Jančić, Olga. "Reform of Serbian family law." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 3–31. http://dx.doi.org/10.5937/gakv0602003c.

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This paper examines solutions introduced by the new Serbian Family Act. It underlines the fact that the law significantly took in consideration European and international conventions and opinions of the European Court of Human Rights in family law matters. The Court practice will decide whether the equal treatment of the common law marriage and marriage in respect of requirements for their recognition is the best solution at this particular moment. The problem may be solved by equal treatment of the "illegal" common law marriage with invalid marriage. Important novelties have been introduced in the field of adoption, namely the partial adoption has been abolished, the age limit for the full adoption has been abolished; full adoption has become possible under certain circumstances even in case when the child has both parents. The provisions on inter-state adoption have not been well drafted since there is no enough protection for the adopted child in these cases. The new issues, which were not regulated by the Marriage and Family Law 1980 relate to the legal regulation of certain new, merely procedural, rights of the child, namely right of the child to express his/her opinion in all the proceedings that relate to his/her rights, right to file a claim for protection of these rights, possibility of emancipation of minor who became a parent based on the decision of the court, possibility of joint custody protection against family violence, introduction of mediation in the marriage matters and right of habitation under certain circumstances. Other novelties introduced by the law are incorporated in appropriate parts of law, either by amending or by supplementing the law, or by introducing the terminological innovation of certain solutions that existed in the previous law.

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43

Blakey, Rachael. "After the Act: access to family justice after LASPO." Journal of Social Welfare and Family Law 42, no. 3 (July 2, 2020): 406–7. http://dx.doi.org/10.1080/09649069.2020.1796215.

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44

Coldham, Simon. "The Wills and Administration of Testate Estates Act 1989 and The Intestate Succession Act 1989 of Zambia." Journal of African Law 33, no. 1 (1989): 128–32. http://dx.doi.org/10.1017/s0021855300008056.

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After conducting research into the customary law of succession and considering the various arguments for and against reforming succession law, in 1982 the Law Development Commission published a report which favoured reform and which contained a draft bill dealing with testate and intestate succession, and with family provision. Now two laws have been enacted, the one governing wills and the administration of testate estates, the other governing intestacy and the administration of intestate estates. Although there are obvious similarities between the draft bill and the new laws, there are also significant differences. It is not only that the draft bill did not deal with the administration of estates, but that several of its key provisions relating to wills and intestacy have been modified or abandoned.

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Bates, Frank. "New views of parenting." Children Australia 19, no. 4 (1994): 15–21. http://dx.doi.org/10.1017/s1035077200004193.

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There is nothing more inscribed nor thought nor felt and this must comfort the heart’s core against Its false disasters - these fathers standing round. These mothers touching, speaking, being near. These lovers waiting In the soft dry grass. [Wallace Stevens. “Credences of Summer”!“I have come to regard the law courts not as a cathedral but rather as a casino”. [Richard Ingrams, former Editor of Private Eye.]Before entering into discussion of the substantive topic, it should be said that Australian Family Law is, in one sense at least, always new. It is without question one of the most scrutinised areas of Australian Law: the Family Law Act 1975 has been amended no less than thirty four times since its coming into force in February 1976, sometimes extensively; it has been the subject of two reports of Joint Select Committees of the Australian Parliament, in 1980 (Bates, 1980) and 1992 (below). In addition, its operation and administration is under continual scrutiny from two statutory bodies – the Family Law Council (Family Law Act 1975 s115) and the Australian Institute of Family Studies (Family Law Act 1975 Part XIVB).

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Selmani-Bakiu, Arta, and MA Julinda Elezi. "Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo." SEEU Review 16, no. 1 (June 12, 2021): 30–44. http://dx.doi.org/10.2478/seeur-2021-0003.

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Abstract Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.

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Peart, Nicola. "New Zealand's Succession Law: Subverting Reasonable Expectations." Common Law World Review 37, no. 4 (December 2008): 356–79. http://dx.doi.org/10.1350/clwr.2008.37.4.0178.

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Succession law in New Zealand has been widely criticized for many years as being incoherent and unprincipled both in regard to its approach to property entitlements for spouses and unmarried partners and in its liberal approach to support claims under the Family Protection Act 1955. Although testamentary freedom was said to apply in New Zealand, the reality was rather different. The Wills Act 1837 was also seen as unnecessarily defeating testamentary intentions. Based on research indicating strong support for testamentary freedom and widespread objections to testators' lack of autonomy, the New Zealand Law Commission recommended radically reforming the law to give better effect to testamentary wishes subject to limitations that were coherent, principled and in line with rights and duties during a testator's lifetime. Parliament largely ignored those recommendations. Between 2001 and 2007, it reformed several statutes affecting succession law, but it did so in piecemeal fashion. Succession law was not viewed holistically and fundamental concerns about ill-defined and unprincipled limits on testamentary freedom were not addressed. The reforms were driven by conflicting policies. While the new Wills Act 2007 is intended to give better effect to testamentary wishes, that aim is frustrated by the enhanced property entitlements of surviving spouses and unmarried partners provided by the Property (Relationships) Amendment Act 2001 and Parliament's failure to curb the liberal approach to support claims under the Family Protection Act. As a result, there is now a greater likelihood than before that testamentary wishes will be undermined and reasonable expectations of testators and their beneficiaries subverted.

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Martin, Allan C. "Pensions and Divorce: An Actuarial Note on the Family Law (Scotland) Act 1985." Transactions of the Faculty of Actuaries 43 (1992): 478–83. http://dx.doi.org/10.1017/s0071368600010132.

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Funder, K. "The Australian Family Law Reform Act 1995 and public attitudes to parental responsibility." International Journal of Law, Policy and the Family 12, no. 1 (April 1, 1998): 47–61. http://dx.doi.org/10.1093/lawfam/12.1.47.

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Brown, Alan. "Pension sharing in Scotland: general principles in the Family Law (Scotland) Act 1985?" Journal of Social Welfare and Family Law 40, no. 1 (January 2, 2018): 104–6. http://dx.doi.org/10.1080/09649069.2018.1414395.

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Journal articles on the topic 'Family Law Act'

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