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)

Type of Dispute Resolution Definition

Reconciliation Counselling For separating couples attempting to reconcile

Post-separation parenting programs

For couples whose issues affect their responsibilities as parents

Mediation For separating couples who have made an application to the Family Court. A third party will be involved

Theme and Challenge Time…

Theme:

• 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.