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Responses to problems in family relationships2

Responses to problems in family relationships2






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    Responses to problems in family relationships2 Responses to problems in family relationships2 Presentation Transcript

    • Responses to Problems in Family Relationships
    • Domestic Violence
      Any act, whether verbal or physical, of a violent or abusive nature that takes place within a domestic relationship
      Causes range from Psychological, Social and Financial Problems
      Majority of victims are women and children, men can also be victims
    • Apprehended Domestic Violence Order (ADVO)
      A court order that aims to protect the applicant from violence
      Used for applicants who know their attacker
      82% of women who have been assaulted know the offender
      The person is not charged with a criminal offence, only if the person breaches the conditions of the ADVO
    • Violence Against Children
      Article 19 CROC – no child should be subjected to violence
      The Children and Young Persons (Care and Protection) Act 1998 NSW also protects children
      Certain professionals are required by law to report to Community Services if they suspect a child is at risk or harm (DOCS)
    • Violence by Children
      Children are treated differently when they break the law
      Children are treated under the Young Offenders Act 1997 (NSW)
      The use of warnings, cautions and counselling rather than coming into contact with the courts and punishing them
    • Methods of Resolving Disputes
      Family dispute resolution under Family Law Act 1975 (Cwlth) as:
      A non-judicial process in which an independent practitioner helps people affected by separation
      The law aspires to handle family matters outside the courts e.g. Family Relationship Centres (FRC)
    • Theme and Challenge Time…
      • the role of the law in encouraging cooperation and resolving conflict in regard to family
      •issues of compliance and non-compliance
      1) Couples are more likely to comply with an agreement they have had a say in (dispute resolution)
      2) Less costly to handle family issues outside the courts
      3) Parents often learn better skills (communication) that can help future disputes in the family
    • Adjudication
      Determination of a matter decided by a court ruling (court order, parenting plan)
      The Federal Magistrates Court and Family Court
      Divorce can now be applied for online
    • The Role of the courts in Family Matters
      1. Family Court of Australia
      Est. 1975
      Hears matters relating to separation, divorce and other matters relating to marriage
      Its jurisdiction is limited to areas controlled by the Family Law Act 1975 (Cth)
      2. Federal Magistrates Court
      Est. 1999
      Hears majority of divorce applications, used to speed up the process into the family Court
      Both Courts have the power to determine matters relating to division of property and maintenance
    • 3. Other matters concerning families
      Cases involving children’s care and protection will be heard by the states Children’s Court (Closed)
      Issues concerning Adoption, inheritance and wills will be handled by state courts hierarchy
    • Role of NGO’s
      1. NGO’s provide support for families and individuals (counselling) e.g. Salvation Army and Centacare
      Provide same types of support but these organisations are dependent on donations to support their programs
    • The Role of the Media
      The use of the internet and phone technologies have improved the way legal information is given to persons of interest.