Cultural considerations and modern family law
Cultural Considerations and Modern Family LawIt is important to be aware that the 1995 legislation is particularly directed at the wellbeing of children and the promotion of primary dispute resolution, and that these are two broad and important areas which are dependent on value systems which may involve a wide divergence of views. In the case of children, significant feelings about parental roles and responsibilities may be influenced by issues related to ethnicity, just as they may often be influenced by gender issues. In the case of mediation and conciliation, there may be a reluctance to engage in private ordering or a fear of avoiding the more formal litigation path, due to beliefs, which are hopefully incorrect, that the alternatives involve 'star chamber like' or unaccountable procedures. Many of those who have come to Australia from particularly repressive regimes would understandably hold such beliefs, just as many indigenous Australians base their lack of trust in the legal system on past experiences with it. It is obviously most important that there be trust between the various ethnic communities and the legal system in general, and this is particularly important in the area of family law. Fortunately the judges and
I realise that in themselves these statistics provide little comfort, and that Australia has a far higher divorce rate than that of many countries from which our migrant families come. As healthy as these may be in terms of freedom of expression, they reveal a number of fundamental disagreements which sometimes make rational debate extremely difficult. Moreover, consistent with the tendency for the behaviour of newly arrived groups to match that of the Australian born, I understand that the divorce rates for many Asian and European Australians have increased dramatically in recent years. Looked at in the reverse of course, two-thirds of all marriages end in the death of a spouse, and with increased longevity more and more couples are remaining married for 50 and more years. Discussions about family life are always controversial, no matter how they arise. Given the centrality of family life to us all, the impacts of law and policy which impinge directly upon the family are particularly significant in a multicultural society such as Australia most undoubtedly is. Approximately one third of all marriages will end in divorce, a figure far lower than that experienced in the United States, where half the marriages entered into are dissolved. Complaints about the division of a couple's financial resources and the inherent worth of a woman's non-financial or indirect contribution to it are never far from the surface. Unfortunately the evidence is that unfamiliarity with the Anglo-English legal system increases the stress already experienced by migrant families. It is also expensive for society as a whole, with governments being required to provide a range of courts, legal aid and other services, combined with social security supports as well as health and psychiatric services. Indeed, factors such as class, gender, education levels, age, religious and ideological differences and rural and urban environments create tensions about issues such as child raising, gender roles, cohabitation outside marriage and divorce. It has been said that no one wins when a marriage breaks down, and the Family Court is looked upon with disfavour by many sections of the community, largely because it is seen as a vehicle for increased divorce. In referring to family values and beliefs, it is very apparent that members of the Australian born population are far from united in their views. We are at present involved in a comprehensive strategic planning exercise which has involved judges, staff, management, customers of the Court and lawyers. One of the most fundamental lessons to come out of the process has been the importance of the Court focussing on its primary customers - families - and we interpret this word broadly and without restrictions on the characteristics, origins or nationality of those whose relationships have broken down.
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Acceptance Essays
