responses to problems in family relationships Flashcards
what is the definition of divorce?
divorce is the legal termination of a marriage by an official court decision
what occurs when a couple with children separates?
the application for dissolution (divorce) is approved once the court is satisfied that there are proper arrangements for the care of children; at this point, the court orders a decree nisi
what is a decree nisi?
a decree nisi is a Family Court order that is made to signal the intended termination of a marriage
what is a decree absolute?
a decree absolute is a final decree of the dissolution of marriage
what is a divorce order?
a divorce order is a final divorce certificate that is proof of the dissolution of marriage
what occurs when a division of property is ordered?
if the division of property is fair and equitable, the court will make the consent orders legally binding; a couple in dispute regarding property can choose to have the matter heard in the Family Court
what factors are considered in determining property allocation?
under the Family Law Act 1975 (Cth), the factors considered in determining property allocation are:
* the financial and non-financial contribution to the property by both parties (including contributions made as home-maker and carer for the children)
* the age and the income, property and financial resources of both parties
* the financial commitments of the parties in supporting themselves and a child of another person that the party has a duty to maintain
* whether or not each or either party has the care and control of a child of the marriage who is under 18 years of age
* the ability of each party to maintain a reasonable standard of living
* other contributions, such as any inheritance, and the acquisition, conservation and improvement of any assets (including maintenance of the family home or working for the family business)
what are financial agreements (‘pre-nups’)?
financial agreements (‘pre-nups’) can be made between a couple before, during, or at the end of a marriage, and arose out of individuals’ desire to protect their property rights; financial agreements can include guidelines for the division of property, debt and other financial concerns if the relationship ends
what is the definition of domestic violence?
domestic violence is any act, whether verbal or physical, of a violent or abusive nature that takes place within a domestic relationship
what are some examples of domestic violence?
- physical violence, such as punching, kicking and shoving
- sexual assault, including coercing the victim to be sexually compliant
- economic abuse, such as controlling the victim’s access to money
- threatening behaviours, such as stalking and damaging the victim’s property
- effecting social isolation by preventing someone from contacting family and friends
- intentional damage or destruction to property, including harm to animals
how has the NSW government responded to domestic violence?
the NSW Government has responded to domestic violence by implementing the Crimes (Domestic and Personal Violence) Act 2007 (NSW), which outlines what is defined as domestic violence, and allows victims of domestic violence to apply for an Apprehended Domestic Violence Order (ADVO), which work by listing behaviours that the defendant must not do to the victim, which are known as ‘conditions’- if somebody breaches an ADVO, they may be charged with a criminal offence and receive up to two years’ imprisonment; NSW has also implemented the Surveillance Devices Amendment (Police Body-Worn Video) Act 2014 (NSW), which allows police to film incidents of reported domestic violence which can be used in evidence to support a conviction
how has the federal government responded to domestic violence?
the Australian federal government has responded to domestic violence under article 19 of the United Nations Convention on the Rights of the Child (1989), which has led to a number of reviews, such as the Family Courts Violence Review: A Report by Professor Richard Chisholm (2009) and Domestic Violence: Issues and Policy Challenges, Parliament of Australia (2015); these reviews have resulted in federal responses, such as the government’s ‘National Plan to Reduce Violence against Women and their Children 2010-2022’, aiming for a significant and sustained reduction in violence against women and their children in Australia
how does the government respond to domestic violence involving children?
the Children and Young Persons (Care and Protection) Act 1998 (NSW) covers abuse and neglect against children; children can be included in an adult’s ADVO application, or a separate application- a child protection order- made by the Children’s Court; only a police officer can apply for an Apprehended Violence Order (AVO) for children under 16 years of age; if there is a parenting order in place that allows the offender access to the children, and their safety is at risk, the application for an AVO must inform the court of its existence
how effective is the law in protecting victims of domestic violence?
educational campaigns have helped the community understand that domestic violence is not a ‘private matter’, and is not acceptable, as reflected by legislative reforms; ADVOs have become an important means in reducing the incidence of domestic violence, as they are quick, inexpensive and accessible, however it has been argued that people will only comply with ADVOs if they are law-abiding in general; mandatory counselling for perpetrators of domestic violence with criminal penalties in place if they fail to comply also add to the effectiveness of protection of victims of domestic violence
what are the methods of resolving disputes in family relationships?
- family dispute resolution; reconciliation counselling, post-separation parenting programs, mediation
- adjudication
