family law in australia and children
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Family law is one of the areas of law in which it is vital that values, standards and attitudes of the community are reflected in Australian laws, legislations and regulations. Resolving conflict and encouraging cooperation and communication between parents and their children is considered of great significance to the Australian government, as the family unit is the most fundamental building block in society.
International laws and conventions, imbedded in the Australian law system, under Australias international obligations, have given and recognised a broad range of rights for children in Australia. Of which was the 1989 United Nations Convention on the Rights of a Child (or CROC), ratified by Australia in December 1990.
Simplistically children do not have any rights before they are born; however there appears to be a flaw in the law, causing conflicting attitudes to whether a fetus is a human. This is evident when the Supreme Court of New South Wales awarded a disabled girl $2.85 million compensation, in August 1991, for the reckless behavior of her mother during her pregnancy, which caused her disabilities. This decision proposes that a child may have some rights before birth.
A fundamental principle underlying the UN Convention is the best interest of the child being of paramount consideration. This outlook is evident in Article 3 stating that:
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration...