ABSTRACT
Introduction As a signatory to the United Nations Convention on the Rights of the Child since 1990, Australia committed itself to a period of implementing the substantial measures agreed upon within that Convention. The articles of the international agreement cover all aspects of children’s rights, education, care and opportunities. Significantly, in the context of family law, the following are noted:
You should be familiar with the following areas: ¾ eligibility for parenting orders ¾ s 65F compulsory counselling ¾ obligations of residence, contact and specific issues
orders ¾ the paramountcy of the best interests of the child ¾ considerations in determining the best interests of the
child ¾ residence issues: separation from siblings; capacity to
provide for needs and relocation ¾ problems of contact ¾ characteristics of parenting plans ¾ functions of family reports
Australia’s ratification of this Convention led to the changed terminology and reconceptualised orders awarding responsibilities in the Family Court. ‘Residence’ and ‘contact’ orders derived from this framework, as did the references to ‘best interests’.
