An Evaluation of Aspects of the Australian Family and Children's Courts PDF Download
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Author:
Publisher:
ISBN:
Category : Domestic relations courts
Languages : en
Pages : 179
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Book Description
Author:
Publisher:
ISBN:
Category : Domestic relations courts
Languages : en
Pages : 179
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Book Description
Author: Camilla Nelson
Publisher: Black Inc.
ISBN: 1743821956
Category : Law
Languages : en
Pages : 289
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Book Description
A devastating account of how Australia’s family courts fail children, families and victims of domestic abuse The family courts intimately affect the lives of those who come before them. Judges can decide where you are allowed to live and work, which school your child can attend and whether you are even permitted to see your child. Lawyers can interrogate every aspect of your personal life during cross-examination, and argue whether or not you are fit to be a parent. Broken explores the complexities and failures of Australia’s family courts through the stories of children and parents whose lives have been shattered by them. Camilla Nelson and Catharine Lumby take the reader into the back rooms of the system to show what it feels like to be caught up in spirals of abusive litigation. They reveal how the courts have been politicised by Pauline Hanson and men’s rights groups, and how those they are meant to protect most – children – are silenced or treated as property. Exploring the legal culture, gender politics and financial incentives that drive the system, Broken reveals how the family courts – despite the high ideals on which they were founded – have turned into the worst possible place for vulnerable families and children. Camilla Nelson is an associate professor in media at the University of Notre Dame Australia. A former Walkley Award winner, her writing has appeared in The Conversation, The Independent, Guardian Australia, Mamamia, Marie Claire and the ABC. Broken is her fifth book. Catharine Lumby is a media professor at the University of Sydney. She has a law degree, is the author of six books and has written for The Guardian, The Sydney Morning Herald, ABC-TV and The Bulletin. 'What happens to kids in our family law system should be a national scandal – and yet, so few people know about it. This book finally lifts the lid on this broken system, and shows how this once-great institution now regularly orders children to see or live with dangerous parents, and bankrupts the victim-parents trying to protect them. An urgent call to action.'—Jess Hill, author of See What You Made Me Do 'This searing review of Australia’s family court system is in turns heartbreaking and enraging. Drawing on recent cases and interviews, it shows how family violence continues to be misunderstood and how violent perpetrators are able to manipulate the legal system. It reveals that too often children are not heard, sometimes with devastating outcomes. This book is an urgent appeal: we must do better.'—Professor Heather Douglas, author of Women, Intimate Partner Violence and the Law
Author: Daryl J. Higgins
Publisher:
ISBN: 9781920866068
Category : Child abuse
Languages : en
Pages : 222
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Book Description
This report presents findings from an evaluation of the Magellan case management model. This model is used by the Family Court of Australia when child abuse allegations are raised in post-separation parenting cases, and integrates court, child protection, legal aid, police, and other professionals in responding to these allegations.
Author: Camilla Nelson
Publisher: Black Incorporated
ISBN: 9781760643058
Category :
Languages : en
Pages : 288
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Book Description
Author: Rosemary Sheehan
Publisher: Springer Science & Business Media
ISBN: 9400759282
Category : Law
Languages : en
Pages : 220
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Book Description
The Children’s Court is one of society’s most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children’s Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children’s Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.
Author: Patrick Parkinson
Publisher: OUP Oxford
ISBN: 0191553409
Category : Law
Languages : en
Pages : 256
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Book Description
When relationships break down, disputes commonly arise over the parenting arrangements for children, whose living arrangements have to be reorganized at a time of great conflict and turmoil. Most such disputes are resolved without a judicial determination through private agreement, negotiation between lawyers, mediation, or a combination of these methods. This book examines whether and how children should be involved in the process of resolving family law disputes. Although there is widespread acceptance in the Western world that the views of children should be taken into account, and that the weight given to those views should depend on their age and maturity, there is much less agreement about how children's voices should be heard. There are many benefits to giving children a voice in decisions that affect their lives, and the UN Convention on the Rights of the Child identifies this as a right for children. However, there are difficulties and dangers in seeking to hear from children, not least because they may be subject to pressure from each parent to express views that support his or her case. Courts dealing with family law issues are constantly faced with a dilemma. Is it better to keep children out of the conflict, or to give them a say, so that the arrangements are as workable for them as possible? This book integrates examinations of these issues with empirical data from interviews which explore the views and experiences of children, parents, counsellors, mediators, lawyers, and judges involved in such disputes in Australia. Drawing on this research, the authors suggest ways in which children can better be heard without placing them at the centre of their parents' conflicts. They argue that the focus should not just be on how children are heard in legal proceedings, but on how they can be better heard in those families who resolve their conflicts without going to court.
Author: Lisa Young (Barrister)
Publisher:
ISBN: 9780409342024
Category : Child abuse
Languages : en
Pages : 0
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Book Description
The second edition of this highly-regarded work provides extensive coverage of the ways in which the law and children interact. Topics such as criminal law, the internet, immigration law, family law, medical law, discrimination law, education and the legal process are included with contributions from expert authors in each area. Each chapter is contributed by an expert on that topic and is written to provide a clear, authoritative and accessible discussion suitable for a wide audience. This edition provides an extended socio-legal focus, ensuring the work is relevant for practitioners, non-legal professionals working in child-related areas, researchers and students in both law and non-law units at undergraduate and postgraduate level. It includes discussion on topical issues such as: surrogacy, youth rights, the internet and cyber bullying, international adoption, migration, international child abduction, the Royal Commission into Child Sexual Assault, and the impact of the Convention on the Rights of the Child on Australian Law. Features * Authoritative commentary by expert contributors * Includes socio-legal focus to ensure accessibility and relevance to a wide market * Includes traditional topics and areas of recent prominence Related Titles * Young, Sifris, Carroll & Monahan, Family Law in Australia, 9th ed, 2016
Author: Jess Hill
Publisher: Black Inc.
ISBN: 1743820860
Category : Social Science
Languages : en
Pages : 464
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Book Description
Domestic abuse is a national emergency: one in four Australian women has experienced violence from a man she was intimate with. But too often we ask the wrong question: why didn’t she leave? We should be asking: why did he do it? Investigative journalist Jess Hill puts perpetrators – and the systems that enable them – in the spotlight. See What You Made Me Do is a deep dive into the abuse so many women and children experience – abuse that is often reinforced by the justice system they trust to protect them. Critically, it shows that we can drastically reduce domestic violence – not in generations to come, but today. Combining forensic research with riveting storytelling, See What You Made Me Do radically rethinks how to confront the national crisis of fear and abuse in our homes. ‘A shattering book: clear-headed and meticulous, driving always at the truth’—Helen Garner ‘One Australian a week is dying as a result of domestic abuse. If that was terrorism, we’d have armed guards on every corner.’ —Jimmy Barnes ‘Confronting in its honesty this book challenges you to keep reading no matter how uncomfortable it is to face the profound rawness of people’s stories. Such a well written book and so well researched. See What You Made Me Do sheds new light on this complex issue that affects so many of us.’—Rosie Batty
Author: John Seymour
Publisher:
ISBN: 9781760020712
Category : Children
Languages : en
Pages : 208
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Book Description
The family can be viewed as a private world, one into which courts should be reluctant to intrude. In our society, recognition of the specialness of the parent/child relationship is well entrenched: "The best person to bring up a child is the natural parent." Yet legal intervention in this relationship may be justified when children need protection. The resulting tension is the principal subject of this book. An Australian court dealing with a child must seek the outcome most likely to promote that child's "best interests." The book includes case studies illustrating the difficulties magistrates and judges have encountered in applying the best interests test. These cases also prompt questions about the capacity of courts to make effective orders when children are not receiving adequate care: a court order cannot re-make a child's life. The first part of the book looks at the various issues that may arise in regards to different views on what "best interests" may be. Cultural diversity must also be taken into account. To what extent should Australian law seek to accommodate differing views on child-rearing? This question is particularly relevant to an examination of the impact on Indigenous communities of current child protection policies. Cultural bias can be criticised, but the system should not lose sight of the goals and standards expected of procedures designed to achieve what is best for all children, Indigenous and non-Indigenous. In addition to considering cases in which parents' authority is challenged, Part II of the book addresses another issue. When a dispute arises about the medical treatment of a mature child, the child may assert the power to give the necessary consent to, or to decline, the treatment. If the adult world disapproves of the child's decision a court can override it on the ground that the child is vulnerable and needs protection. Is this a benevolent application of the "best interests" test or unwarranted paternalism?
Author:
Publisher: National Library Australia
ISBN:
Category :
Languages : en
Pages : 1818
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