Family Law - Children's Rights

4.9   Section 43(d) of the Family Law Act states that,
       "the Family Court shall, in the exercise of its jurisdiction under this Act, have
        regard to: the means available for assisting parties to a marriage to consider
        reconciliation or the improvement of their relationship to each other and to
        their children."

4.10 Section 60B. (2) of the Family Law Act states that,
       "except when it is or would be contrary to a child's best interests:
        (a) children have the right to know and be cared for by both their parents,
        regardless of whether their parents are married, separated, have never married
        or have never lived together; and
        (b) children have a right of contact, on a regular basis, with both their parents
        and with other people significant to their care, welfare and development; and
        (c) parents share duties and responsibilities concerning the care, welfare and
        development of their children; and
        (d) parents should agree about the future parenting of their children."

 
4.11 Section 68F(2)(a) of the Family Law Act states that,
       "in determining what is in the child's best interests, the court must consider:
        any wishes expressed by the child and any factors (such as the child's maturity
        or level of understanding) that the court thinks are relevant to the weight it should
        give to the child's wishes".

4.12 Article 7 paragraph 1. of the United Nations Convention on the Rights of the Child
        affirms the child's right to know and be cared for by his or her parents.

4.13 Article 14 of the International Covenant on Civil and Political Rights states in:
        paragraph 2 :  "Everyone charged with a criminal offence shall have the right to
        be presumed innocent until proved guilty according to law."
        paragraph 3 (c) :  "In the determination of any criminal charge against him,
        everyone shall be entitled to the following minimum guarantees, in full equality:
            ... To be tried without undue delay;"

4.14 Article 23 paragraph 1. of the International Covenant on Civil and Political Rights
        states that :  "The family is the natural and fundamental group unit of society
        and is entitled to protection by society and the State."

Cat and Mouse
   

Sign outside the Supreme Court of South Australia