Originally posted by armenia
Evaluate the effectiveness of the legal system in protecting teh interests og children???? can someone help me i dont undertsnad what the interest are can someone explain it plz
Look at legislation
- Family Law Reform Act 1995 (Cth) is designed on the framework of the UNCROC. It ensures that in custody battles, the parent does not only receive the right to the child but also responsibilities and obligations to them. Children have a say in who to livie with if they can make the decision and if not, the court will decide on the best interest of the child. This leg also states that both parents must have equal responibilty in the wellbeing of the child and have the right to daily care and control: in best interests.
- Family Provisions Act 1982 (NSW) looks in the best interests of the child in alternate family and classical family arrangement situations regarding wills. Children of the deceased (either biological or adopted) have a certain stake in the estate
- The Crimes Act 1900 (NSW) and Young Offender's Act (NSW) allows concessions to children when convicted of a crime. IE Childrens Court and no crimminal prosecution if the accussed is under 10 years of age.
Then look at International developments UNCROC an see whether it has been implemented into Aus common and statue law (if ur wonderin it has...) but state the effectiveness. Relate to case studies of DOC's and misplacement of children.
Other case studies would include the case
B v B 1992 (not sure) This shows that the mother's decision to go interstate against the father's wishes have been upheld, as it was in the bvest interest of the child if this psychological burden was removed from the mother.
Look at how children been protected in Alt Family Arrangements as stated b4. See how children in De Facto couples and especially Single parent famailes are looked after: The Child Maintenance Act (Cth).
Look at Parental plans and how the court will intrevene if they feel that the Children have not been the paramount concearn
Look at laws relating to New Birth Tech and ex nuptial children
Status of Childrens Act (NSW) 1996: gives same rites as non ex-nuptial children.
And thats all i can think of now.... any1 who wants 2 add some stuff.... go ahead. Anyhow i hope this helps out some ppl. And also if ur still wonderin what "best interest" means. It just means the parent's obligations in decision making affectting children and how all decisions should be made with the child's welfare as the top priority.