De Facto Relationships

It includes the right to protection from abuse, the right to express their views and have them listened to and the right to care and services for disabled children or children living away from home. Although the Government has said it regards itself bound by the Convention and refers to it in child protection guidance, it has not become part of UK-wide law.

The convention on the rights of the child 1989- The Convention's objective is to protect children from discrimination, neglect and abuse. It is the principal children's treaty, covering a full range of civil, political, economic, social and cultural rights. It grants rights for children in peacetime as well as during armed conflict, and provides for the implementation of those rights. It can promote anti-discriminatory practice by giving children protection and rights. It can also make sure that children will be given somewhere safe to be; not near any war zones and hazardous areas which could cause ill- health.

The main points of legislation that support the safeguarding of children are the Children Act 1989, Children Act 2004 and the Childcare Act 2006. The Children Act in 1989 set out principles to guide the work of local authorities and courts and also defined ‘significant harm’ and a child ‘in need’ of intervention. The Children Act 2004 provides the legal basis for children’s services set out in the Every Child Matters: Change for Children document.

The United Nations Conventions on the Rights of the Child (1989) is an international human rights treaty that grants all children a comprehensive set of rights. The convention has 54 articles and it sets out in detail what every child needs to have for a safe, happy and fulfilled childhood. Article 19 states children’s rights to be ‘protected from all

''Several articles in the United Nations Convention on the Rights of the Child (CRC) affect states parties' responsibilities concerning children who violate the law. Articles 37 and 40, however, set forth most of the substantive and procedural guarantees'' (p.4-6). The states across the countries began realize in 1989 that taking over the duties of the parents constricted the legal process of

Some of the current legislations include the “United Nations Convention in the Rights of the child 1989” which is the act that gives the right to protection from abuse, the right to express their views and have their

The case of Jonah v White (2012) 48 FAM LR 562 wishes to appeal the original decision of Murphy J, in which his Honour asserted that the appellant, (“Ms Jonah”) and the respondent (“Mr White”) had not been in a de-facto relationship in correspondence with the Family Law Act 1975 (Cth) (“the Act”). The appeal is bought before May, Strickland and Ainslie-Wallace JJ in the Full Court of the Family Court of Australia in Brisbane. The case seeks to question and determine what constitutes a law-binding de-facto relationship.

Identify and investigate these contemporary issues relating to family law and evaluate the effectiveness of legal and non-legal responses to these issues

Family law is the most complex aspect of the Australian legal system as it is constantly under review and reform pursuing to adopt society’s continual change in values and principles. The changing of laws in an attempt to be parallel with society is a strenuous process. Nevertheless, legislations are reflective of contemporary society’s values and ethics. Numerous legal issues arise in regards to family including, same sex relationships, domestic violence and divorce ideally on the best interest of the child, where family laws have been imposed to protect individuals and aim to achieve justice.

The united nations convention on the rights of children (1989) is a very important piece of legislation that helps tell everyone what the rights of children/young people are, although it is important it is not apart of the uk law.

International laws often play a large role in the development of laws and legislation of the Australia Legal System. An example of this is the United Nation’s Convention of the Rights of the Child, otherwise known as ‘CROC’. This has been endorsed by Australian Family Law and has become the basis to which the “best interests of the child” were formed.

In today's society, there are various alternatives from the typical family type. The top examples of these are lone-parent, cohabitation and reconstituted. But there are also some others such as same sex couples, single parent and multi-cultural families. There has been a decrease in the number of nuclear families in the UK and an increase in various other families such as single parent families. But the raise in single parent households has to do with the increase in divorce across the UK which means that more people are left having to support their children on their own unless they become a reconstituted family.

However, in 1990 The Convention on the Rights of the Child was ratified in Australia, meaning that the Australian Government has committed to make sure every child has the rights under all 54 articles. Article 37 and 40 specifically relates to juvenile crime; article 37(b) outlines that “arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.” Article 37(c) states that “every child deprived of liberty shall be treated with humanity… shall be separated from adults unless it is considered in the child’s best interest.” Furthermore, Article 40 states that “the establishment of a minimum age below which child shall be presumed not to have the capacity to infringe the penal law.” Internationally, the acceptable minimum age of criminal responsibility is 12 and in all Australian states and territories it is 10. The current law in Australia has been criticised by the United Nations and has not kept up with these international standards. Specifically, the law in Queensland shows inconsistency; in the Child Protection Act 1999 (Qld), a child is an individual under 18 years old, whereas in the Youth Justice Act 1992 (Qld) the definition of a child is a person under the age of 17 allowing for children who turn 18 with at least six months of their

2. “Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection” (United Nations, 2012).

This assignment will address how children’s rights are being breached within the UK. Focusing mainly on (The Crime and Disorder Act, 1998) which is an Act currently used within the UK’s society. . (The Crime and Disorder Act, 1998) covers almost all aspects of children’s rights, however the main provisions of the Act are; Antisocial Behaviour order (ASBO), parenting orders and sex offender’s orders. (The United Nations Convention on the Rights of The Child, 1990) became part of the UK’s Law in 1992, it has 54 articles that cover child welfare and safeguarding under ever circumstance. The aim of the United Nations Convention on the Rights of The Child aim is to keep children’s rights intact and do their best to ensure these rights are not