CUSTOMARY LAW

The Nature of Marriage, Divorce and Custody of Children under South Sudanese Dinka Customary Law in Comparison with Australian Family Law Psychotherapy Practice?"

[Name of the Wrier]

Table of contents

CHAPTER 1: INTRODUCTION3

Introduction3

Background of the research3

Problem statement4

Aims and Objectives5

Rationale of the study5

Structure of study6

CHAPTER 4: METHODOLOGY9

Chapter Planning and Work plan9

Timescale9

Gantt chart For Proposal10

Research Design10

Research Method11

Ethical Concerns12

References14

CHAPTER 1: INTRODUCTION

Introduction

On the contrary, South Sudanese Australians Dinka has to suffer through many problem and difficulties in order to understand the legal framework and the system of their adopted country as they have practicing Dinka customary law for many years. There are many difficulties in order to understand the Customary Law and is therefore not easily encountered by the people who are more familiar with British common law system practiced in Australia. There are stark contrasts between the Australian legal systems and Dinka customary law especially in relation to cultural and practical application. On other hand customary law come in conflict with domestic statutory and international law, particularly with Human Rights Charter. It has been found that due to the reason that the

There has been a gap in the school-based education and accessibility to the general information about Australia, prior to arrival, and difficulties surrounding language, can exacerbate the difficulties many South Sudanese Australians Dinka hsve to go through in the process of adopting Australia's family law, its legal frame work that is based on English law and its practices. Chthonic family law, like chthonic law in general, is described by informality. Marriage, divorce and adoption or child custody are not in a sphere of institutional control, of church or state, and while publicity and reputation may in some manner be constitutive of status, this appears more by way of communal life than the way of fundamental requirement.

Background of the research

It is has been identified that the nature of marriage, divorce and custody of children as the main areas of conflict for this studies. Marriage according to Dinka Customary Act 1984 section (20) defined marriage as a union between one man or his successor and one woman or more women for their lives for the purpose of sex cohabitation. Empathies here put to procreation of the young and maintenance of the homestead, provided such a union may take place between one barren or childless woman and another for whom male consorts are provided or this union can also take place between a deceased male person and one or more women through his successor. While in Australia, marriage is defined according to marriage Act 1961 as the union of a man and a woman to the exclusion of all others, voluntarily entered into for life. In contrast there are several areas of conflict in these definitions.

Firstly according to Dinka definition it allowed polygamy marriage and three others layers of marriage which are not being practice here in Australia for instance deceased male getting marriage through his successor and barren woman getting marriage for whom male consorts are provided. This creates problems for many people who ...