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Abstract: This contribution considers the development of the `partnership` theme in cases decided by the Full Court of the Family Court of Australia and the desirability of this theme as a guide for dividing matrimonial property. The central argument is that a partnership model is the preferable model for informing the approach taken to dividing matrimonial property, but that the theme as currently articulated does not provide a very helpful guide for dividing property. Drawing on overseas developments and social sciences research, it is concluded that a `needs first` approach has merit, but that the introduction of a starting point of equal sharing of assets acquired during the marriage is probably a more realistic goal for Australian legislative reform.
Abstract: In Australia, the possibility of using a Children’s Contact Service arises in a relatively small number of cases, but on a regular basis. This chapter, like the previous chapter, draws on the findings of a recently completed project on Children’s Contact Services. While the previous chapter looked at families’ movement through Contact Services and on to self-managed contact, this chapter looks at entry into Contact Services, in particular, referral agents’ accounts of the process of referral to Children’s Contact Services, the types of court orders made for supervised contact or changeover, and the contents of those orders. It also looks at the factors identified by referral agents as prompting an increase in recent years in the number of orders for the use of Children’s Contact Services, and the impact of the advent of Children’s Contact Services on their legal practices. The chapter concludes by identifying best practices for referral to Children’s Contact Services to emerge from the project.
Children's Contact Service, entry into Contact Services, referral agents, court orders, best practices for referral
Abstract: This article examines shifts in child support law and policy in Australia and the UK since the establishment of child support schemes in both jurisdictions from the late 1980s. Our analysis suggests that while original policy goals in Australia and the UK were broadly similar, they also diverged in important respects. Further, legislative and operational elements of the respective schemes as originally enacted have played a key role in influencing subsequent shifts in the substance and policy of the regimes. Yet the practical implications of currently diverging law and policy approaches are likely to be similar, in that most fathers will pay less child support in the future.
Abstract: In this article, an overview of the key findings from the Children's Contact Services Project is presented. Children's Contact Services (CCSs) assist separated parents to manage contact arrangements with their children through the provision of supervised visitation and changeover services. The aims of this project were to investigate the use of CCSs in Australia by referring agencies (eg. courts and legal practitioners), and clients of contact services (parents and children), and to consider the views and expectations of these key stakeholders regarding those usages. This approach was based on the assumption that there are currently conflicting usages and expectations of contact services, and that this situation could compromise children's well-being. The findings were derived from two studies. The first study involved conducting 142 in-depth interviews with representatives from the Australian Government, the courts and legal practitioners who referred families to CCSs, CCS staff and management, as well as parents and children who used CCSs. The second study comprised a quantitative analysis of client data collected by CCS staff from 396 families who had used a government funded CCS in August 2003. The findings demonstrated that in Australia, CCSs provided an invaluable service that was viewed positively by government, referral agents, CCS staff and management, and by the parents and children who used them. Despite this generally positive view, there were conflicting expectations of CCSs that, under certain circumstances, compromised children's well-being and that of their parents, particularly their residence mothers.
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