Requisite(s): 77885c Legal Process and Legal Research OR 60 credit points of completed study in C04148 Master of Law and Legal Practice
These requisites may not apply to students in certain courses. See access conditions.
This postgraduate subject explores and examines the laws affecting parental responsibility and parental decision making in Australia, in particular following the breakdown of the parents' personal relationship.
Apart from an examination of the international influences and the constitutional framework underpinning parenting law in Australia, the subject also considers the concept of parental responsibility (and the use of parenting plans and parenting orders to facilitate various outcomes including equal time or substantial time parenting), the 'best interests of the child' principle (and the relevant statutory considerations including presumptions relating to parentage and equal shared parental responsibility), conception issues, adoption, child support and the separate representation of children in legal proceedings. It also combines a theoretical and vocational approach to the study of these relevant issues.
The subject not only benefits students interested in these issues and developments, but also those students considering a career, or enhancing their career, in legal practice or the delivery of family law related legal services. And it provides a valuable update on recent legislative and judicial developments. While the subject shares some similarities with the undergraduate subject 76516 Family Law, it concentrates on those topics relevant to parenting disputes, and has a greater emphasis on research.
Assessment: Assignment (30 per cent), essay (50 per cent), final quiz (20 per cent).