Cambridge University Press 978-1-107-56179-3 — The Family in Law Archana Parashar , Francesca Dominello Index More Information INDEX Abbott government, 371, 414 conscientious objection birth mothers excluded from Aboriginal and Torres Strait clauses, 384 adoption process, 418–19 Islander children fathers’ attempts to prevent eligibility criteria for adoption of, 308, 409, 416 terminations, 387–8 adoptive parents, 409 best interests of the child medical practioners’ role, Indigenous people as and, 307–12, 365–8 385–6 adoptive parents, 409 cultural factors in New South Wales, 381 intercountry adoption, 409, determination of best Northern Territory, 382, 384 414 interests, 307–12 Queensland, 381 jurisdictional differences, forced removal, 24, 309, 367, South Australia, 382, 384 409–10 400, 408, 419 Tasmania, 384, 385 legal fiction of child as out-of-home care, 307, 398 United States, 379–80 natural child of adoptive over-representation in child Victoria, 383 parents, 84 protection system, 394, Western Australia, 383, 384 privileging of nuclear family, 399–404 wrongful birth actions, 406, 418–19 recognition of rights of, 308 388–93 same-sex couples as right to enjoy their culture, Administrative Appeals adoptive parents, 409, 280 Tribunal, 347 416–18 Aboriginal and Torres Strait adoption single people as adoptive Islander peoples alternative to abortion, 412 parents, 409 adoption of children, 409 as unregulated practice, 407 State powers, 295 Closing the Gap policy, 366 availability of children, 411 transfer of birth parents’ mutual obligation regime, conservative proponents, rights to adoptive parents, 366 412, 413 406 practical reconciliation, 366 criticisms of, 413 alimony. shared responsibility demand for easier access history of concept, 191–5 agreements, 366 to, 407 See also spousal traditional Aboriginal expatriate adoptions, 408 maintenance marriages, 47–9, 409 forced relinquishment of alternative dispute resolution Aboriginal Child Placement children, 407 (ADR) Principle (ACPP), 307, intercountry adoption, 408, Australian legal system’s 394, 398, 400, 401–2, 403 411–12 reliance upon, 60 Aboriginal customary law known child adoptions, 409 compulsory FDR, 270–2 traditional Aboriginal liberal proponents, 412, 413 evaluation of use in family marriages, 47–9, 409 local adoptions, 409 law, 63–7 abortion out-of-home care and, 407, family violence and, 140–4 adoption as alternative to, 415–16 provisions in family law, 412 permanent child placement 61–2 birth control and, 375–7 and, 408 separation from FCA, 58–9 pro-abortion arguments, regulation in Australia, 408 services provided by FCA, 377–8 revival of, 413 58 pro-life stance, 378–9 transracial adoption, 412 ante-nuptial settlements, 247 rights of women, 375, 377–8 types in Australia, 408 apprehended domestic socially responsible act, adoption law violence orders (ADVO), 424 adoption of Indigenous 137 abortion law children, 416 apprehended personal access zones, 385 adoptive parents’ rights, 407 violence orders, 137 Australia, 380–5 best interests of the child apprehended violence orders, Australian Capital Territory, and, 410, 412, 414, 416, 136 384 418–19 Aristotle, view of the family, 13 435 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-56179-3 — The Family in Law Archana Parashar , Francesca Dominello Index More Information asset pools introduction of principle, 298 judicial and legislative ascertaining each party’s method of determination, emphases, 288–9 contribution, 167–75 299 jurisdictional complexity, assessing contributions to nuclear family and, 374, 406, 290 modest asset pools, 175 418–19 Magellan Case Management identifying composition and parents’ rights and, 418 Plan, 274–5 value, 166–7 primary and additional response of courts to assisted reproductive considerations, 299 allegations, 290–1 technologies (ART) protection of, 26 Child Care Benefit, 368 access of single women and regulation of ‘different’ Child Care Rebate, 368 lesbians to IVF treatment, families, 365–71 child maintenance. 421 relationship between applications under Family biological family unit and, financial and child-related Law Act, 340–1 420–3 issues, 65 financial agreements and, global context, 423–8 relocation of parents and, 245–6 legal regulation, 422–3 314–19 prior to Child Support local context, 429 rights of parents and, 65 Scheme, 341 scrutiny of couples seeking scrutiny of couples seeking separation from spousal treatment, 420 ART treatment, 420 maintenance, 221–5 Astor, Hilary, 140 sexuality of parents and, See also child-support Australian Law Reform 312–14 agreements Commission (ALRC) shared parental child poverty, 334, 339, 341, on family violence, 140, 290 responsibility and, 146–7, 357 on matrimonial property, 252, 260–3, 280–2, 332 child protection 154 surrogacy arrangements and, Aboriginal and Torres Strait on recognition of traditional 431–2 Islander children, 394, Aboriginal marriage, 47–9 welfare of the child concept, 399–404 Australian Taxation Office, 342 255–6 Aboriginal Child women’s focus on, 63 Placement Principle, Baby Bonus, 365, 368, 369, 370 bigamy, 48 307, 394, 398, 400, 401–2, bankruptcy, 185–6 binding child-support 403 Baron, Paula, 187 agreements, 351 after-care support, 399 Beck, Ulrich, 26, 72 birth control best interests of the child Beck-Gernsheim, Elisabeth, 72 abortion and, 375–7 and, 393, 397 Behrens, Juliet, 145 blended families, 43 children’s participation in best interests of the child Boyd, Susan, 354 decision-making, 397 adoption and, 410, 412, 414, Bringing Them Home report, cost to the state, 407, 414 416, 418–19 307, 308, 309, 310, 366, culturally specific responses, child protection and, 393, 400, 401 398 397 Brown, Wendy, 133 early intervention, 397 child’s wishes or views and, extreme measures, 24 301–7 capacity. See legal capacity features of current schemes, cultural factors for care economy, 159 396–9 Indigenous children, care work, 160 historical overview of 307–12 caring labour, 159 Australian laws, 394–6 determining factors, 294, Cheal, David, 15, 25 maintenance of biological 300–1 child abduction. See parental family unit, 407, 413 guiding principle of, 406 child abduction national framework, 414 indeterminacy, 297–8 child abuse out-of-home care, 399, 411 Indigenous children, 307–12, false allegations, 289 permanency planning and 365–8 institutional maltreatment, 408 stability of care, 399 436 index © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-56179-3 — The Family in Law Archana Parashar , Francesca Dominello Index More Information permanent care orders, construction in legal child-support liability 414–15 discourse, 253 application for assessment, responsibility for, 397 myth of, 254 346 child rearing, financial costs of, child-related orders assessment, 346 337, 338 enforcement, 327–31 collection methods, 347 child support. child-related proceedings compliance with obligations, diversion from court system, family consultants, 278 357 398 independent children’s current formula, 348–50 equal liability of both lawyer (ICL), 276–7 original formula, 342 parents, 339 less adversarial trials, 273–4 review of administrative need for, 335–6 Magellan Case Management assessments, 347 parental obligation, 336 Program, 274–5 Christian conception of paying parents’ average principles and personnel, marriage, 13, 111, 191 taxable income, 339 275 classical liberalism privatisation of, 338 procedural innovations, theory of the family, 18 receiving parents’ average 273–8 clean break philosophy, 151, taxable income, 339 views of the child, 275 363 shift from judicial to children spousal maintenance and, administrative regulation, as public goods, 338 201–3 336 autonomy of, 307 clean break principle, 191 societal responsibility for, best interests. See best operation of, 152 337–8, 354 interests of the child Closing the Gap policy, 366 See also Child Support definition of the child, 253, Collier, Richard, 291 Scheme (CSS) 263–4 Commonwealth Child Support Agency, 341, ex-nuptial children, 40–1, divorce power, 33, 38, 39, 343, 351 42, 43–5, 193 40–1 child support agreements exposure to family violence, enactment of divorce law, 38 limited child-support 137 enactment of marriage law, agreements, 351 in immigration detention, 38 private agreements, 357 295–6 marriage power, 33, 38, 39, Child Support Registrar, 346 Indigenous children. See 40–3 Child Support Scheme (CSS). Aboriginal and Torres States/Territories’ referral of compulsory participation by Strait Islander children family law powers, 295 social-welfare recipients, legal capacity, 258–9, 307 States/Territories’ referral of 341, 350 marriage power of powers with respect to de Costs of Children Table, Commonwealth and, 43–5 facto relationships, 51–2 356 socialisation, 14 States’ referral of family law critique of, 354–7 vulnerability of, 252, 254 powers, 43 history of, 341–4 children’s rights, 397 consent introduction, 261 discourses of, 252, 256–8 surrogacy arrangements, 423 key elements, 345 protection of, 373 consent orders, 246, 272 rationale for, 359 child’s views/wishes consent to marriage reforms, 344–5 abducted child’s objection to and validity of marriage, welfare benefits and, 352–3 being returned, 325–7 84–7 See also child-support best interests of the child duress, 85 liability and, 301–7 fraud and lack of consent, child trafficking, 411, 425, 432 child-support agreements, 334 85–6 child welfare binding child-support mental capacity, 86–7 State powers, 295 agreements, 351