Family Law- Defacto

In relation to family members the law has a varied effectiveness in achieving justice. The attitudes of society have constantly changed, resulting in the ineffectiveness of previous laws. These have been reformed, or new ones created in order for the law to function effectively in achieving justice for family members. Reformation and amendments for laws such as the Family Law Act 1975, Property (Relationships) Act 1984 (NSW) Family Law legislation (Family Violence and Other Measures) Act 2011 (C’th) and the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (C’th) have somewhat proven effective in most areas achieving justice for family members as they acknowledge the rights of individuals and their families and grant them justice. Despite some steps towards equality for all family units, the law has not completely made adequate progress in catering to all of these existing groups; there is still much room for reform.

The Family Law Act 1975 also referred to as the FLA was abolished in 1995 with the Family Law Reform Act. Children's matters are determined on the basis of who the child will live with and spend time with although the term custody is often used to describe where and who the children will live with the concept this was in the 1975 Family Law act and since 1995 the Family Law Reform Act states that both parents legally have the same (but not shared) parental responsibility for children, regardless of where and with whom the children live, until and unless a court makes a different order which is under s61C. Since the law reform act has come into power many effective changes have been made in order to achieve justice for family members.

To ensure that the legal system is effective in dealing with family issues, the Family Law Court of Australia was established, resulting from the enactment of the Family Law Act 1975. Having a specialised court meant that family matters could be resolved quicker, however, due to the...