Tag Archives: family law

Check your expectations (2) Women preferring Sharia

I am deeply sceptical about any legal recognition of Sharia on two grounds. First, it is profoundly misogynist, starting with the discounting of evidence from women. Second, it evolved as an imperial legal system. It does not claim to be a legal system for only the faithful, as Jewish law does, but God’s law, applying […]

Surrogacy and the law

There have been a few stories in the news lately about surrogate parents. Elton John and his partner became parents via a surrogate mother at the end of last year. Of course, as they are gay men, the child was conceived with the use of a donor egg. Nicole Kidman and Keith Urban recently became […]

Enforcing filial piety via legislation

(from Wikimedia Commons) According to Confucian ideals, filial piety is the ultimate value. Hence, it permeates many Asian societies. There is notionally no need for the state to provide for care for the elderly, because the children will look after their parents in their old age. The rather creepy statue above depicts Japanese man Ryochi […]

Umm, the kids don’t come first

An oft-repeated mantra, everywhere from law courts to dating agencies, is that ‘children come first’. No-one ever provides any argument to back this assertion, and attempts (by me) to dig up social science research supporting the argument that privileging children’s needs over the needs of their adult parents, their teachers (or anyone else) is good […]

Drawing a long bow – Gillard and cohabitation

Bettina Arndt wrote a piece in the SMH the other day which Paul Norton at LP has described as a “Bondi cigar“, and I must say I’m inclined to agree with Paul’s assessment. Jason Soon alerted me to the piece in the first place, and I must say I’ve stolen his heading for my post […]

Mummies and Daddies

I was interested to read today that a woman has failed in her legal bid to stop her former partner from encouraging their six-year-old daughter to call his new partner “Mummy D”. Unfortunately the judgment doesn’t seem to be available online yet. [The mother] said encouraging the term of endearment was ”an incendiary action” by […]

O Mistress Mine!

I was fascinated to see that the first case under the new s 4AA of the Family Law Act 1975 (Cth) has been settled out of court. According to the recent article in the Herald Sun: A cheating husband has paid his former lover more than $100,000 under Australia’s new “mistress laws”. In the first […]

Right to a child versus rights of a child

Over at Saint’s place, Saint and I have become involved in a discussion about legally sanctioned relationships and children. A commenter at Saint’s site, Paul, raised the recent example of a US case where a couple wanted to use their dead son’s sperm to get a grandchild: The New York state appeals panel issued a […]

Law of unintended consequences…

Laws designed to allow same-sex and de facto couples to access the Family Court on an equal basis to married heterosexual couples may have unintended consequences, it seems. The amendment inserted a new definition of “de facto relationship” in s 4AA of the Family Law Act 1975 (Cth): Meaning of de facto relationship (1) A person […]