DOCSLIB.ORG

Family Law for the Future — an Inquiry Into the Family Law System

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Family Law for the Future — an Inquiry Into the Family Law System Family Law for the Future — An Inquiry into the Family Law System FINAL REPORT ALRC Report 135 March 2019 Family Law for the Future — An Inquiry into the Family Law System FINAL REPORT ALRC Report 135 March 2019 This Final Report reflects the law as at 5 March 2019. The Australian Law Reform Commission (ALRC) was established on 1 January 1975 by the Law Reform Commission Act 1973 (Cth) and reconstituted by the Australian Law Reform Commission Act 1996 (Cth). The office of the ALRC is at Level 4, Harry Gibbs Commonwealth Law Courts Building, 119 North Quay, Brisbane QLD 4000. Postal Address: PO Box 12953, George Street QLD 4003 Telephone: within Australia (07) 3248 1224 International: +61 7 3248 1224 Email: [email protected] Website: www.alrc.gov.au ALRC publications are available to view or download free of charge on the ALRC website: www.alrc.gov.au/publications. If you require assistance, please contact the ALRC. ISBN: 978-0-6482087-4-7 Commission Reference: ALRC Report 135, 2019 © Commonwealth of Australia 2019 This work is copyright. You may download, display, print and reproduce this material in whole or part, subject to acknowledgement of the source, for your personal, non- commercial use or use within your organisation. Requests for further authorisation should be directed to the ALRC. Printed by Fineline Print & Copy Service, NSW The Hon Christian Porter MP Attorney-General of Australia Parliament House Canberra ACT 2600 31 March 2019 Dear Attorney-General Review of the Family Law System On 27 September 2017, the Australian Law Reform Commission received Terms of Reference to undertake an inquiry into the family law system. On behalf of the Members of the Commission involved in this Inquiry, and in accordance with the Australian Law Reform Commission Act 1996 (Cth), I am pleased to present you with the Final Report on this reference, Family Law for the Future—An Inquiry into the Family Law System (ALRC Report 135, 2019). Yours sincerely, The Hon Justice SC Derrington President Contents Terms of Reference 5 Participants 7 Acknowledgements 11 Glossary 13 Recommendations 15 Outcomes 25 Figures and Tables 27 1. Framing the Inquiry 29 The Inquiry 29 Articulation of the problems 31 The impetus for reform 32 Process of reform 34 Overarching principles 36 2. The Family Law System in Context 55 The family law system in Australia 55 A brief history 56 A public health approach to family law 59 A law reform response 63 Related inquiries 66 3. The Family Law System: The Data 79 Introduction 79 About the data 81 Snapshot of the case load of the family courts 82 Family dispute resolution 84 Matters filed in the courts 85 Participants in the family law system 96 Court delay 103 Family violence and abuse 103 Western Australia: Snapshot 105 ALRC information gathering 107 2 Review of the Family Law System 4. Closing the Jurisdictional Gap 111 Introduction 111 Devolution of family law jurisdiction 113 Information sharing 143 5. Children’s Matters 155 Introduction 155 Legislative framework 158 The paramount importance of the child’s best interests 160 Principles and objects 162 Simplifying and clarifying judicial decision making 163 Simplifying the best interests factors 165 Clarifying parental decision making provisions 172 Requirements to consider particular care arrangements 176 Improved guidance material 182 Aboriginal and Torres Strait Islander concepts of family 183 A less adversarial approach 185 6. The Case for Reforming the Division of Property 195 Introduction 195 Property settlement 197 Specific aspects of property to be considered 204 7. A Simplified Approach to Property Division 217 Introduction 217 A clearer approach to property settlement 218 Debts 227 Superannuation 233 Binding financial agreements (BFAs) 236 Spousal maintenance 236 A compensatory framework for family violence 240 8. Encouraging Amicable Resolution 247 Introduction 247 Financial circumstances of separated families 248 Resolution pathways 248 Dispute resolution and models 251 Greater use of non-court avenues for property and financial matters 257 Admissibility and confidentiality of FDR in property and financial matters 271 Contents 3 Supporting more FDR and LADR 272 Disclosure obligations 276 9. Arbitration 279 Introduction 279 Financial matters 281 Children’s matters 289 Power to make directions 292 Compulsory arbitration 293 Funding for existing models 294 10. Case Management: Efficiency and Accountability 295 Introduction 295 Overarching purpose of family law practice and procedure provisions 297 Misuse of processes and systems 302 Vexatious proceedings and summary dismissal powers 311 Case management 312 Costs 331 Protected confidences 335 11. Compliance with Children’s Orders 339 Introduction 339 Supporting compliance with parenting orders 341 Leave requirements 348 Consequences of failure to comply with children’s orders 353 12. Support Services in the Courts 357 Introduction 357 The importance of such services for children 359 Enhanced support for children and families 365 Strengthening the role of the Independent Children’s Lawyer 371 Indigenous Liaison Officers 378 Supported decision making in the family law system 379 Litigation representatives in family law proceedings 381 13. Building Accountability and Transparency 385 Introduction 385 System oversight 386 A Children and Young People’s Advisory Board 395 Judicial appointments 397 4 Review of the Family Law System Family violence skills for lawyers 405 Accreditation of private family report writers 410 FDRP accreditation in property and financial matters 414 Accreditation of Children’s Contact Services 416 Workforce capability for the family law system 419 14. Legislative Clarity 423 Introduction 423 General comments on drafting family law legislation 424 Simplifying family law legislation 425 Privacy provisions 435 15. Primary Interventions 445 Introduction 445 National education and awareness campaign 446 Access to information about the family law system 449 Referral relationships with universal services 453 16. Secondary Interventions 457 Introduction 457 The Family Advocacy and Support Service 458 Family Relationship Centres 464 Specialist service provision 471 Appendix A Preliminary Consultations 473 Appendix B Second Round Consultations 475 Appendix C Final Round Consultations 481 Appendix D Issues Paper Questions 483 Appendix E Discussion Paper Proposals and Questions 489 Appendix F List of Submissions to the Issues Paper and Discussion Paper 517 Appendix G Examples of Redrafted Provisions 531 Appendix H Suggested Restructure of Children’s Provisions 549 Appendix I Primary Sources 561 Appendix J Existing and Proposed Decision Making in Children’s Matters 573 Terms of Reference Review of the family law system I, Senator the Hon George Brandis QC, Attorney-General of Australia, having regard to: y the fact that, despite profound social changes and changes to the needs of families in Australia over the past 40 years, there has not been a comprehensive review of the Family Law Act 1975 (Cth) (the Act) since its commencement in 1976; y the greater diversity of family structures in contemporary Australia; y the importance of ensuring the Act meets the contemporary needs of families and individuals who need to have resort to the family law system; y the importance of affording dignity and privacy to separating families; y the importance of public understanding and confidence in the family law system; y the desirability of encouraging the resolution of family disputes at the earliest opportunity and in the least costly and harmful manner; y the paramount importance of protecting the needs of the children of separating families; y the pressures (including, in particular, financial pressures) on courts exercising family law jurisdiction; y the jurisdictional intersection of the federal family law system and the state and territory child protection systems, and the desirability of ensuring that, so far as is possible, children’s matters arising from family separation be dealt with in the same proceedings; y the desirability of finality in the resolution of family disputes and the need to ensure compliance with family law orders and outcomes; y the benefits of the engagement of appropriately skilled professionals in the family law system REFER to the Australian Law Reform Commission (ALRC) for inquiry and report, pursuant to ss 20(1) of the Australian Law Reform Commission Act 1996 (Cth), a consideration of whether, and if so what, reforms to the family law system are necessary or desirable, in particular in relation to the following matters: y the appropriate, early and cost-effective resolution of all family law disputes; y the protection of the best interests of children and their safety; y family law services, including (but not limited to) dispute resolution services; y family violence and child abuse, including protection for vulnerable witnesses; y the best ways to inform decision makers about the best interests of children, and the views held by children in family disputes; 6 Review of the Family Law System y collaboration, coordination, and integration between the family law system and other Commonwealth, state and territory systems, including family support services and the family violence and child protection systems; y whether the adversarial court system offers the best way to support the safety of families and resolve matters in the best interests of children, and the opportunities for less adversarial resolution of parenting and property disputes; y rules of procedure, and rules
Load more

Recommended publications
  • Draft Legislation (Wales) Bill
    Number: WG34368 Welsh Government Consultation Document Draft Legislation (Wales) Bill Date of issue : 20 March 2018 Action required : Responses by 12 June 2018 Mae’r ddogfen yma hefyd ar gael yn Gymraeg. This document is also available in Welsh. © Crown Copyright Overview This document sets out the Welsh Government’s proposals to improve the accessibility and statutory interpretation of Welsh law, and seeks views on the Draft Legislation (Wales) Bill. How to respond Please send your written response to the address below or by email to the address provided. Further information Large print, Braille and alternative language and related versions of this document are available on documents request. Contact details For further information: Office of the Legislative Counsel Welsh Government Cathays Park Cardiff CF10 3NQ email: [email protected] telephone: 0300 025 0375 Data protection The Welsh Government will be data controller for any personal data you provide as part of your response to the consultation. Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or 1 organisation who sent the response are published with the response.
    [Show full text]
  • Land and Conveyancing Law Reform Act 2009
    Number 27 of 2009 LAND AND CONVEYANCING LAW REFORM ACT 2009 REVISED Updated to 1 September 2019 This Revised Act is an administrative consolidation of the Land and Conveyancing Law Reform Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law. All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, and all statutory instruments up to and including National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019 (S.I. No. 446 of 2019), made 1 September 2019, were considered in the preparation of this Revised Act. Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to [email protected]. Number 27 of 2009 LAND AND CONVEYANCING LAW REFORM ACT 2009 REVISED Updated to 1 September 2019 Introduction This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed. Related legislation This Act is not collectively cited with any other Act. Annotations This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
    [Show full text]
  • Law Commission Annual Report 2018-19
    Annual Report 2018 -19 HC 2470 Law Com No 385 The Law Commission Annual Report 2018-19 (Law Com No 385) The Fifty Third Annual Report of the Law Commission Presented to Parliament pursuant to section 3(3) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 10 July 2019 HC 2470 © Crown copyright 2019 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government- licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/official-documents ISBN 978-1-5286-1194-7 CCS0419958480 07/19 Printed on paper containing 75% recycled fibre content minimum. Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office. Law Commission Annual Report 2018-19 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. This annual report covers the period 1 April 2018 to 31 March 2019, although we have also included references beyond the reporting period, up to and including 18 June 2019 when the terms of this report were agreed. Contents Chair’s introduction 1 Chief Executive’s comment 4 Part One: Who we are and what we do 5 Feature: Commissioner outreach programme 10 Part Two: Review of our work for 2018-19 11 Commercial and common law 12 Feature: Electronic execution
    [Show full text]
  • What Is a 21St Century Family? Lady Hale, President of the Supreme Court1 1 July 2019
    International Centre for Family Law, Policy and Practice 2019 What is a 21st Century Family? Lady Hale, President of the Supreme Court1 1 July 2019 Way back in the mists of time when I first studied Family Law, we thought we knew what a family was. It was a group of people linked together by consanguinity or affinity or a mixture of both. Only those gave rise to legal consequences – property, succession, obligations of cohabitation and support. Even then, consanguinity did not count for much if a child was born out of wedlock. She had a limited legal relationship with her mother and an even more limited one with her father but she was not a member of the wider family on either side. This model of the family was clearly linked to the dynastic needs of the rich and powerful or indeed anyone with any property. As John Eekelaar has explained, ‘Humans need a way to ensure that wealth and power pass from one generation on its demise to the newly born’.2 In patrilineal societies like ours, they want to ensure reliable descent through the male line. They also mind about the quality of the line and about forging alliances with other suitable lines. So a marriage with a suitable woman is arranged, after which it is presumed that all the children she has are her husband’s children. This necessarily entails a strong obligation of fidelity in the wife, at least until ‘the heir and the spare’ have been supplied, although not necessarily in the husband. Indeed, Finer and McGregor3 saw a difference in attitudes between the aristocracy and landed gentry, who typically practised a system of primogeniture, and therefore were not too concerned once the succession had been assured, and the middle classes, who typically shared their wealth between their children, and to whom therefore fidelity was more important.
    [Show full text]
  • Law Commission Annual Report 2014-2015
    Law Commission Reforming the law Annual Report 2014–15 Law Com No 359 The Law Commission Annual Report 2014–15 (Law Com No 359) The Forty-Ninth Annual Report of the Law Commission Presented to Parliament pursuant to section 3(3) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 16 July 2015 HC 295 © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/ version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at: [email protected]. Print ISBN 9781474123211 Web ISBN 9781474123228 Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office. ID 06071508 07/15 Printed on paper containing 75% recycled fibre content minimum. The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. This annual report covers the period 1 April 2014 to 31 March 2015, although we have also included references beyond the reporting period, up to and including 3 June 2015, when the terms of this report were agreed.
    [Show full text]
  • Company Law Reform Bill [HL]
    Company Law Reform Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department of Trade and Industry, are published separately as HL Bill 34—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS The Lord Sainsbury of Turville has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Company Law Reform Bill [HL] are compatible with the Convention rights. HL Bill 34 54/1 Company Law Reform Bill [HL] The Bill is divided into two volumes. Volume I contains Clauses 1 to 481. Volume II contains Clauses 482 to 885 and the Schedules to the Bill. CONTENTS PART 1 GENERAL INTRODUCTORY PROVISIONS Companies and Companies Acts 1Companies 2The Companies Acts Types of company 3 Limited and unlimited companies 4 Private and public companies 5 Companies limited by guarantee and having share capital 6 Community interest companies PART 2 COMPANY FORMATION General 7 Method of forming company 8 Memorandum of association Requirements for registration 9 Registration documents 10 Statement of initial shareholdings 11 Statement of share capital 12 Statement of guarantee 13 Statement of proposed officers 14 Statement of compliance Registration and its effect 15 Registration 16 Issue of certificate of incorporation HL Bill 34 54/1 ii Company Law Reform Bill [HL] 17 Effect of registration PART 3 A COMPANY’S CONSTITUTION CHAPTER 1 INTRODUCTORY 18 A company’s constitution CHAPTER 2 ARTICLES OF ASSOCIATION General 19 Articles of association 20 Power of Secretary of State to prescribe model articles
    [Show full text]
  • Law Reform Act
    LAWS OF KENYA LAW REFORM ACT CHAPTER 26 Revised Edition 2012 [1981] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] CAP. 26 Law Reform CHAPTER 26 LAW REFORM ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. Short title. PART II – SURVIVAL OF CAUSES OF ACTION 2. Effect of death on certain causes of action. PART III – JOINT TORTFEASORS 3. Proceedings against, and contribution between, joint and several tortfeasors. PART IV – CONTRIBUTORY NEGLIGENCE 4. Apportionment of liability in case of contributory negligence. 5. Provisions as to workmen and employers. 6. Application of this Part. PART V – ABOLITION OF THE DOCTRINE OF COMMON EMPLOYMENT 7. Common employment. PART VI – MANDAMUS, PROHIBITION AND CERTIORARI 8. Orders of mandamus, prohibition and certiorari substituted for writs. 9. Rules of court. PART VII – MISCELLANEOUS 10. Act to bind Government. 11. Repeal. L14 - 3 [Issue 1] [Rev. 2012] CAP. 26 Law Reform CHAPTER 26 LAW REFORM ACT [Date of assent:17th December, 1956.] [Date of commencement:18th December, 1956.] An Act of Parliament to effect reforms in the law relating to civil actions and prerogative writs [Act No. 48 of 1956, Act No. 16 of 1960, L.N. 2/1964, L.N. 87/1964, Act No. 21 of 1966.] PART I – PRELIMINARY 1. Short title This Act may be cited as the Law Reform Act. PART II – SURVIVAL OF CAUSES OF ACTION 2. Effect of death on certain causes of action (1) Subject to the provisions of this section, on the death of any person after the commencement of this Act, all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate: Provided that this subsection shall not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the other or to claims for damages on the ground of adultery.
    [Show full text]
  • 5(3257 &2162/,'$7,21 $1' 5()250 2) $63(&76 2) 7+
    5(3257 &2162/,'$7,21$1' 5()2502)$63(&762) 7+(/$:2)(9,'(1&( (/5&) REPORT: CONSOLIDATION AND REFORM OF ASPECTS OF THE LAW OF EVIDENCE Report Consolidation and Reform of Aspects of the Law of Evidence (LRC 117-2016) © Law Reform Commission 2016 35-39 Shelbourne Road, Dublin 4, Ireland D04 A4EO T. +353 1 637 7600 F. +353 1 637 7601 [email protected] lawreform.ie ISSN 1393-3132 REPORT: CONSOLIDATION AND REFORM OF ASPECTS OF THE LAW OF EVIDENCE Law Reform Commission’s Role The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission’s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law. Since it was established, the Commission has published over 200 documents (Working Papers, Consultation Papers, Issues Papers and Reports) containing proposals for law reform and these are all available at www.lawreform.ie. Most of these proposals have contributed in a significant way to the development and enactment of reforming legislation. The Commission’s role is carried out primarily under a Programme of Law Reform. Its Fourth Programme of Law Reform was prepared by the Commission following broad consultation and discussion. In accordance with the 1975 Act, it was approved by the Government in October 2013 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. The Commission’s work on Access to Legislation makes legislation in its current state (as amended rather than as enacted) more easily accessible to the public in three main outputs: the Legislation Directory, the Classified List and the Revised Acts.
    [Show full text]
  • A Draft Bill
    Civil Law Reform A Draft Bill December 2009 Civil Law Reform A Draft Bill Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2009 Cm 7773 £9.50 © Crown Copyright 2009 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please contact the Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: [email protected]. ISBN: 9780101777322 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID P002338531 12/09 Printed on paper containing 75% recycled fibre content minimum. Civil Law Reform A Draft Bill Contents Foreword 3 Introduction 4 Civil Law Reform Bill 7 Explanatory Notes 23 1 Civil Law Reform A Draft Bill 2 Civil Law Reform A Draft Bill Foreword The civil law affects us all in many different ways every day of our lives and continues to affect our property even after we are dead. It is important that it is kept up to date and that it is as simple and fair as possible.
    [Show full text]
  • This Document Was Archived on 27 July 2017
    This document was archived on 27 July 2017 Legitimacy 1. Introduction 1.1 Section 50(9) of the British Nationality Act 1981 explains that, for the purposes of the Act, where a child is born before 1 July 2006 "the relationship of a mother and child shall be taken to exist between a woman and any child (legitimate or illegitimate) born to her, but.... the relationship of father and child shall be taken to exist between a man and any legitimate child born to him". 1.2 There is no definition of "legitimate" in the Act. However, legal advice suggests that English law, in considering questions of legitimacy, will look to the law of the domicile of the father at birth. If that law treats a child as legitimate, then English law will likewise recognise that status (Hashmi -v- Hashmi [1972] Fam 36). 1.3 An illegitimate child should be regarded, for the purposes of s.47(1) of the 1981 Act, as having been legitimated by the subsequent marriage of the parents if, by the law of the place in which the father was domiciled at the time of the marriage, the marriage can be regarded as having legitimated the child. Note, though, that s.47(1) only refers to legitimation through subsequent parental marriage - it does not extend to those who are "legitimated" by means of legislation passed by another country (see, for example, 5.1.2 below). Where a child, born illegitimate of a British citizen father, has been legitimated by operation of law rather than by the subsequent marriage of his or parents, it may be appropriate to consider registration under s.3(1) of the Act.
    [Show full text]
  • Open Research Online Oro.Open.Ac.Uk
    Open Research Online The Open University’s repository of research publications and other research outputs The child and consent Journal Item How to cite: Cornock, Marc (2015). The child and consent. Orthopaedic & Trauma Times(27) pp. 13–15. For guidance on citations see FAQs. c [not recorded] https://creativecommons.org/licenses/by-nc-nd/4.0/ Version: Accepted Manuscript Copyright and Moral Rights for the articles on this site are retained by the individual authors and/or other copyright owners. For more information on Open Research Online’s data policy on reuse of materials please consult the policies page. oro.open.ac.uk The child and consent by Marc Cornock Senior Lecturer Faculty of Health & Social Care The Open University Address: Faculty of Health & Social Care The Open University Horlock Building Walton Hall Milton Keynes MK7 6AA e-mail: [email protected] Word count: 2839 excluding abstract and reference list Abstract Having previously discussed the legal principles of consent and refusal of treatment in previous articles (Cornock 2015a & 2015b), this article turns its attention to how a child can consent to treatment on their own behalf and whether a child has the ability to refuse treatment. It will also consider the role of the parent or guardian in the consent process. The article is based on the law of England and Wales. Introduction A child, in the eyes of the law, is someone under the age of eighteen (Children Act 1989 at section 105). The distinction between child and adult is important from a legal perspective because on reaching adulthood certain rights and privileges are granted that are not available to those under eighteen.
    [Show full text]
  • Family Law Reform Act 1987
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Family Law Reform Act 1987. (See end of Document for details) Family Law Reform Act 1987 1987 CHAPTER 42 An Act to reform the law relating to the consequences of birth outside marriage; to make further provision with respect to the rights and duties of parents and the determination of parentage; and for connected purposes. [15th May 1987] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Modifications etc. (not altering text) C1 Act restricted by S.I. 1989/382, art. 3, Sch. 2 para. 1 Commencement Information I1 Act not in force at Royal Assent see s. 34(2) PART I GENERAL PRINCIPLE 1 General principle. (1) In this Act and enactments passed and instruments made after the coming into force of this section, references (however expressed) to any relationship between two persons shall, unless the contrary intention appears, be construed without regard to whether or not the father and mother of either of them, or the father and mother of any person through whom the relationship is deduced, have or had been married to each other at any time. (2) In this Act and enactments passed after the coming into force of this section, unless the contrary intention appears— 2 Family Law Reform Act 1987 (c.
    [Show full text]