An examination of the influence of international treaties on developments in Australian family law
University of Western Australia Law Review
University of Western Australia
School of Business and Law
This paper investigates the extent to which important changes in Australian family law over the previous 15 years have been influenced by international treaties. This informs a wider study into the international influences on Australian statute law as a result of globalisation.1 Examined as part of this enquiry are three significant legislative changes to Australian family law during the previous 15 years, namely, the introduction of a substantially shared parenting regime in 2006, the strengthening of measures to improve protection for women and children from domestic violence in 2011, and the legalisation of same-sex marriage in Australia in 2017. It is argued that whilst international treaties have had a robust influence on these important changes in Australian family law, perhaps the most important factor driving these changes has been strong support for each relevant change from the Australian community.