Recent Changes and Developments in the Family Court. Family Law Forum Thursday 8 December 2005 Deputy Chief Justice Faulks Family Court of Australia. What’s Changing in the Family Court?. National Rollout of the Children’s Cases Program The Child Responsive Model
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Family Law Forum
Thursday 8 December 2005
Deputy Chief Justice Faulks
Family Court of Australia
(Exposure Draft of Family Law Amendment (Shared Parental Responsibility) Bill 2005)
Initial results are positive:
These features reduce costs for the parties
CCP does not deny the parties’ right to decision-making that adheres to the fundamental principles of natural justice and procedural fairness:
CCP while adhering to fundamental principles of justice and procedural fairness puts the parents’ dispute into a framework that is:
Why should an eight year old have to decide what the adults cannot?
Why should a child not have a say in what is going to happen?
Conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person’s family that causes any other member of the person’s family to fear for, or to be apprehensive about his or her personal well-being or safety.
The Family Violence Committee developed a more comprehensive description as part of the Family Violence Strategy. The Court has adopted this description:
Family violence covers a broad range of controlling behaviours, commonly of a physical, sexual, and/or psychological nature, which typically involve fear, harm, intimidation and emotional deprivation. It occurs within a variety of close interpersonal relationships, such as between spouses, partners, parents and children, siblings, and in other relationships where significant others are not part of the physical household but are part of the family and/or are fulfilling the function of family.
The evaluation of the pilot which is yet to occur will shape future practices in relation to nationwide screening
Risk assessment principles are not adequately addressed in the pilot and will require further development in order to attempt to prevent further violence occurring as opposed to attempting to predict future violence
Democracy is the worst of all forms of government –
apart from the rest!
A federation is the worst form of democracy –
apart from the rest!
It is fundamentally absurd that there are mutually exclusive and competing State and Federal jurisdictions about children.