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LAW4163 - Parents children and the state 406

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate Faculty of Law


Clayton First semester 2007 (Day)


Examines constitutional structure for resolving disputes between parents, children and State child welfare authorities about the care, welfare and decision-making relating to children and the difficulties which arise as the result of the divided Commonwealth/State responsibility. Examines creation of parent child relationships, common law principles governing rights and responsibilities of parents, provisions of Family Law Act 1976 (Cth). Considers government support for families with children under Social Security Act 1947 (Cth), the interrelationship between child support, child maintenance and social security. Looks at State child welfare jurisdiction and jurisdiction of Children's Court.


Students who complete this course should have

  1. acquired a basic knowledge of the common law and statutory principles which govern the relations between parents and children and between children, parents and the State and develop some understanding of the way in which these laws operate in practice;
  2. acquired an understanding of the jurisdictional issues and legal procedures relevant to the determination of such disputes;
  3. become familiar with theoretical and critical debates about the laws governing parents and children and the adequacy of current laws and procedures; and
  4. received an introduction to some of the skills necessary for practice in this area of the law and to the ethical issues which they may encounter in practice.


Final Examination (2.5 hours writing time plus 30 minutes reading and noting time): 100% OR Final Examination (1.5 hours writing time plus 30 minutes reading and noting time): 60%
a research assignment (3000 words): 40%

Contact hours

Three hours of lectures per week


LAW1100 or LAW1101 and LAW1102 or LAW1104