Family 2. Responss to problems in Family Relationships: Courts and Dispute resolution methds

Question 1

3 functions of the court

Answer 1

counselling mediation and adjudication

Question 2

jurisdiction of family court

Answer 2

proceedings related to marriage, divorce, issues orders for maintenance and distribution of property and matters relating to children

Question 3

FCC established in…. to

Answer 3

1999 to reduce burden of Family Court, improving accessibility and waiting time

Question 4

Jurisdiction of FCC

Answer 4

1. divorce applications
2. Applications about spousal and de facto maintenance
3. Property disputes
4. ALL PARENTING ORDERS(+ any other specific issue, + maintenance)
5. Enforcement of orders made by FCC or FC
6. Location and recovery orders + warrents for apprehension or detention of a child
7. Determination of parentage and recovery of child bearing expenses

Question 5

How does the FC attempt to assist all members of family through relationship breakdown,

Answer 5

provides counselling for children whose parents are separating, a mediator meets with child to determine their concerns/needs and makes a Family Report to give to judge so if a parenting order is needed, the child’s bests interests are taken into account.

Question 6

What can’t the FCC est in 1999 hear?

Answer 6

Adoption
Nullity/validity of marriage applications
Complex issues (eg. serious fam violence allegations)

Question 7

What court hears cases relating to care and protection of children under 18 and provides independent clinical assessments?

Answer 7

Children’s Court

Question 8

What was the significance of the FL Amendment (Family violence and other measures) Act 2011 for the FC?

Answer 8

all court personnel and FDR practitioners must report any suspicions of child abuse. This can lead to the case being fast tracked by the Magellan program for serious allgeations of abuse.