FLP1 Children, Parental Responsibility & Divorce

What is this subject about?

This subject concerns aspects of family law as far as they are concerned with people, rather than property or financial matters. This includes the law of divorce and the law and practice concerning various aspects of parenting after separation.

The subject aims to provide a strong foundation for practising in this area of family law, assuming that you may already have a reasonable familiarity with the basic principles of the subject. In some units, introductory quizzes are used to help you test your assumed knowledge.

The subject covers the issues most commonly encountered by family law practitioners in everyday practice. A later advanced subject deals with topics which are less frequently encountered in practice.

What will I learn while studying this subject?

At the end of this subject you will be able to:  

• demonstrate a broad awareness of the social science evidence on what benefits and harms children in relation to post-separation parenting arrangements
• identify all relevant issues and problems which require further research of the law
• develop a methodology to resolve a number of common problems in regard to this area of practice
• identify and resolve ethical and professional practice issues which arise in this area of practice
• demonstrate a broad understanding of the substantive law in regard to divorce and parenting after separation 

Topics in this subject will include: 

• State and federal jurisdiction in children’s matters
• Parental responsibilities and the nature of shared parental responsibility
• General considerations in determining the best interests of the child
• Determining the best interests of the child: the social science
• Determining the best interests of the child: specific factors
• Child abuse and family violence
• Relocation and child abduction
• Variation and enforcement of parenting orders
• Ethical issues in children’s cases
• Divorce

How will I be assessed?

Assessment in this subject will be based on:

• satisfactory participation in the program
• two practical written assignments each worth 20% (40%)
• one take home examination (60%)