Children Affected by Divorce Essay

1646 Words Oct 20th, 1999 7 Pages
CHILDREN AFFECTED BY DIVORCE & PROTECTING THEIR BEST INTERESTS On the 11th of June, 1996, the Family Law Reform Act 1995 came into effect amending certain sections of the Family Law Act 1975, in particular, those relating to the care of children involved in divorce situations. The object of these amendments, according to the new act, was to ensure two things. Firstly, "that the children may receive adequate and proper parenting to help them achieve their full potential," and secondly, "to ensure that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children." These recent amendments are clearly a positive step forward for family law because the law has …show more content…
This ratio of which parents children resided with remained constant between 1987 and 1997, indicating that the trend of the courts to favour mothers over fathers has continued despite the changes to the act. With the number of divorces consistently rising, 54% of which involve children, amendments must constantly be made to the Family Law Act to ensure that the rights of the steadily increasing number of children involved in family break-ups are protected as society changes. The current law relating to parental agreements states: "The Parents of a child are encouraged: a) To agree about matters concerning the child rather than seeking an order from the court; and b) In reaching their agreement, to regard the best interests of the child as the paramount consideration." The reason for the law now officially recognising and encouraging agreements made by parents regarding contact with the child and the residence and maintenance of the child is because it is clearly better for the child if he/she grows up in a stable and non-threatening environment where the parents are on good terms. Therefore, in situations where the parents have made an agreement regarding the future care of the child, the courts will usually rule in favour of the agreed terms. The main change resulting from the recent amendments is that the courts only concern is the child's best interests, therefore their final decision

Related Documents