Families and Marriage Publications

Council considered the Australian Law Reform Commission (ALRC) Issues Paper No 22 Review of the adversarial system of litigation: Rethinking family law proceedings (November 1997).

The council considered the effects of denial of a religious divorce on a party who has been divorced in the civil courts. The council concluded the problems as identified in the letter of advice, arise from the observance of religious practices and not from any shortcomings in the Family Law Act 1975.

The council is of the firm view that there is no single, simple solution to the various problems which it has identified. The approach in this report is to take the various types of problems individually and look for ways of overcoming each problem. At the same time, some underlying problems are also addressed and solutions offered.

The letter considers a range of issues relating to Primary Dispute Resolution services.

The council considered concerns about the operation of the Family Law Act 1975 in relation to step-parent adoptions.

This is an interim report on enforcement of Family Court orders and injunctions and penalties for non-compliance.

The council’s advice on the Commonwealth's Legal Aid Guidelines.

The council’s advice on proposed amendments to the Family Law Act 1975 relating to arbitration in family law.

In this report, the council considers issues relating to parental child abduction including criminal offences.

In 1997, the Family Law Council sought public comment on the possible criminalisation of parental child abduction.  This follows a reference of this issue to the Council by the Attorney-General. More information is available in the Discussion Paper - Parental Child Abduction.

The council, among other things, considered the scope of the court's power to order counselling for a child, and, for example, suggests that a family report should be available to the court before such a decision is made.

This is an examination of legislation, practice and procedure in relation to appeals. It also makes recommendations for any possible improvements to the appeals process which may enhance access to justice for parties who are dissatisfied with decisions made under the Family Law Act.

In this report the council recommends, among other things, that there should be a new division in the Family Law Act regulating sterilisation of young people and the legislation should provide penalties for the performance of unauthorised sterilisation procedures.

In this report, the council has concluded that for at least one generation, women from countries which practise female genital mutilation will be under considerable pressures to continue this practice.

The council provided advice on the Report of the Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act titled The Family Law Act 1975—Aspects of its Operation and Interpretation.

The council provided recommendations in regard to bankruptcy and family law.

April 1992 - The Family Law Council concluded that the existing family law system fails to encourage cooperative parenting and that cooperative parenting has been shown to have positive and beneficial effects. The Family Law Council makes recommendations in this regard.