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