View source for Family Law in Australia

==Laws Relating to Children==

Laws relating to children within a relationship are typically controlled by state governments, whereas laws regarding children during the breakdown of a relationship are implemented by the federal government. Within NSW all children (whether in a marriage or de facto relationship) are considered equal under the ''Status of Children Act 1996 (NSW)'', and are allowed equal protection under the following legislation.

===Parental Responsibility===

Under the ''Children and Young Persons (Care and Protection) Act 1998 (NSW)'' parents have a duty to provide for their children and protect them from harm. If a child is neglected or abused the act empowers the Children's Court to make an order for the child to be removed from the relationship and cared for by others. Parents are also required to control their children's actions under the ''Children (Protection and Parental Responsibility) Act 1997 (NSW)'', which holds parents financially liable for the actions of their children. 

===Education===

Under the ''Education Reform Act 1990 (NSW)'' parents must ensure their children attend school between the ages of six and fifteen (schooling can include public institutions, private institutions or homeschooling - allowable under a special exemption). The act also allows a special provision by which the child can sue the parents to provide for their final years of schooling if they fail to do so.

===Discipline===

Parents are allowed to discipline their children, however any punishment must be moderate and reasonable<ref>as recognised in ''R v Hamilton (1891)'', in which a father was convicted of assault for beating his son with a loaded gun</ref> and must not require any medical treatment. Blows to vulnerable sections of the body, such as the face and groin, are prohibited under the Care and Protection Act and the ''Crimes Act 1900 (NSW)''.

Corporal punishment is also illegal within schools under the Education Reform Act and case law.<ref>''Hogans v Trustees of the Catholic Church (2001)'' recognised the lasting impact that corporal punishment can have''</ref> The government is able to revoke the license of a private institution if it fails to abide by the law.

===Healthcare===

Parents are wholly responsible for the medical and dental treatment of a child up until the age of eighteen, however children are able to seek medical treatment on their own from the age of fourteen under the ''Minors (Property and Contracts) Act 1970 (NSW)'' and do not have to inform their parents about any procedure (it is also illegal for doctors to inform parents under patient-doctor privacy rights). The law has responded in several cases to ensure the best interest of the child are held when treatment is being administered.<ref>Several cases demonstrate this. ''Secretary, Department of Health and Community Services v JMB and SMB (1992)'' or ''re Marion'' saw the ruling against sterilising an intellectually disabled girl as it violated her rights; ''A (children) (2000)'' saw the law working for the best possible outcome in allowing one conjoined twin to die so that the other could live, as opposed to both passing away</ref>

===Autonomy and the Age of Consent===

Parents are required to grant their child increasing autonomy as they age, including freedom of religion and the ability to manage their own finances (the ''Minors (Property and Contracts) Act 1970 (NSW)'' regulates the actions of children with respect to contracts and medical treatment).

The age of consent for sexual relationships across Australia is 16, however in some states such as NSW the age of consent for homosexual couples is 18. The age of consent for entering into contracts and getting married is 18, however provisions may be made in exceptional circumstances or if the contract is in the best interest of the child.

===Adoption===

Adoption laws vary from state to state. In NSW previous legislation<ref>such as the ''Child Welfare Act 1923 (NSW)'' and the ''Adoption of Children (Amendment) Act 1982 (NSW)''</ref> were incorporated into the ''Adoption Act 2000 (NSW)''. It is a permanent transfer of all legal rights and duties to the adoptive parents, in effect the birth parent (or like party) relinquishes all control over the child. The crucial element to an adoption is that of consent, if the parents putting the child up for adoption are married both must give consent, however if the parents were unmarried at the time of birth usually the mother's consent is only required (however if a de facto relationship occurred before and after birth the fathers consent is also required). Upon adoption the Registrar of Births, Deaths and Marriages will issue a new birth certificate in the child's adopted name.

The criteria for an adoptive parent includes:
* Married couples or those in a stable heterosexual de facto relationship (longer than 3 years). Individuals cannot apply
* Applicants must be over the age of 21 but under the age of 51, prospective male parents must be at least 18 years older than the child and the prospective female parent at least 16 years older
* Applicants must be of good repute and be able to carry out all required responsibilities
* Where applicable matters of religion, race and culture are taken into account

Originally locating one's birth parents and vice versa was somewhat difficult, however the Adoption Registar established under the ''Adoption Information Act 1990 (NSW)'' allows both parties to voluntarily register their names in order to establish contact at a later date.

There are approximately 600 children adopted Australia wide per annum.