Families and Marriage Publications

This report brings together the findings of a public consultation and a discussion paper which examined the legal and practical issues that arise when parents have separated and the parent with whom a child lives wishes to move, with the child, from their current home to another place.

This discussion paper was released for public consultation. It examined the legal and practical issues that arise when parents have separated and the parent with whom a child lives wishes to move, with the child, from their current home to another place. A final report on Relocation was released informed by submissions received to this paper.

This letter of advice discusses the amendments made to the Family Law Act 1975 by the Family Law Reform Act 1995 in relation to the paramountcy principle (the rule that the best interests of the child must be regarded as the paramount consideration when making specified decisions in the Family Law Act 1975).

This is the second edition of the Family Law Council's stand-alone statistical report on various aspects of the Australian family law system.

A joint letter of advice by the National Alternative Dispute Resolution Advisory Council (NADRAC) and the Family Law Council on the requirement for immunity for family counsellors and family dispute resolution practitioners under the Family Law Act 1975 was provided to the former Attorney-General.

The council provided a report to the former Attorney-General on the recognition of Aboriginal and Torres Strait Islander child-rearing practices in family law including recommendations to assist courts to take into account the kinship obligations and child rearing practices of traditional Aboriginal and Torres Strait Islander peoples.

Produced by the Child Support Agency, the Legal Practitioner's Guide was developed in association with the Family Law Council and the Family Law section of the Law Council of Australia.

The council provided a letter of advice to the former Attorney-General which reviews the binding financial agreements provisions in Parts VIII and VIIIA of the Family Law Act 1975.

The council provided this letter of advice to the former Attorney-General on 17 November 2004, making recommendations intended to simplify and improve the operation of the provisions in Division 11 in Part VII of the Act.

This is a report on the representation of children in family law—prompted by a recommendation of the Family Law Pathways Advisory Group's 2001 report Out of the Maze: Pathways to the Future for Families Experiencing Separation.

This report arose from the work of the council on the interaction between the state and federal systems when child protection issues arise.

This is the council's first stand-alone statistical report on various aspects of the Australian family law system.

The council provided a report on Australian Jewish and Islamic communities experiencing divorce difficulties that are superficially similar in consequence, but distinctly different in context, as a result of the differences between their respective cultural-community's divorce rules and those of the Australian family law system.

This letter of advice proposes a reform to Part VIII of the Family Law Act 1975 in order to direct courts exercising jurisdiction under the Act to have regard to the effects of family violence on the contributions of both parties in considering what orders should be made in property proceedings. The proposal reflects council’s concerns about the effect of the decision of the Full Court of the Family Court of Australia in the case of In the marriage of Kennon (1997) 22 Fam LR 1.

In this letter of advice council recommends that the Family Law Act 1975 not be amended in accordance with the ALRC Report 109 Recommendation.

The Family Law Council established its Child and Family Services Committee to examine the interaction between Commonwealth and state and territory child and family legislation.

This report examines the effects of unrepresented litigants on the family law system, including on the opponents of unrepresented litigants. The report makes a number of recommendations, aimed at providing better assistance to litigants who find themselves without representation and at reducing the impact of litigants in person on the family law system generally, and on the courts in particular.

The council, in cooperation with the National Alternative Dispute Resolution Advisory Council, looked into issues arising from parenting plans made under the Family Law Act 1975 including the continued need for section 63E of the Act.

The council provided comments on Commonwealth priorities and guidelines for legal assistance in respect of matters arising under Commonwealth law.

The council’s advice considers the principles and objects which should underpin the property provisions in Part VIII of the Family Law Act 1975.