The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children Kaleisha Cooper Edith Cowan University The Family Law Legislation Amendment Act of 2011 and whether it has Reduced Violence and Abuse for Women and Children The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) will significantly improve protection for children and families at risk of violence and abuse. The amendments were made to the previous Act of 2006 to help people within the family law system to better understand violence and abuse and ensure it is reported and responded to more effectively. Relevant research will be assessed to provide background information on reforms of the Family Law Act, and how these changes have helped lead to the Amendment Act of 2011. This essay will evaluate the changes that were made in 2011 and whether these changes have led to improving the protection for children and families at risk of violence and abuse. The Family Law Act was first considered for change as the Government felt that the original act did not deal well with family violence, this led to a National Plan being developed to reduce violence against women and their children . This plan came from an enquiry conducted by the Australian Law Reform Commission in 2010 which produced a report that provided information on Family Violence and the legal response; this included a section within this report that informed the reader on 187 recommendations for possible future reforms of the Family Law Act . The report concluded to show the need for an Amendment for the Family Law Act through research that had been conducted around violence within the home showing that men and women exper... ... middle of paper ... ...t to providing the child with protection when determining what is in the child’s best interests. The risk of violence within the home is considered when contemplating on parenting orders, so the child is not exposed to what is considered an unacceptable risk. The Amendment Act has followed the research and recommendations that were provided by the Australian Law Reform Commission in 2010. There has been a large move away from providing parents with more rights in terms of parenting orders and access to their children, and has emphasised that there are a large amount of risks when going through these processes. The Amendment Act has provided women and children with more protection from violence and abuse, by assessing potential risks in a larger context and by expanding definitions to include different categories that are considered acceptable within modern society.
Good morning Minister of the Families I am Juliet and I will be your consultant for today. I will be outlining the aspects of the law of Domestic and family violence that has a flaw in society. I will be analysing the current laws, evaluating the effectiveness of the law, comparing these laws, making recommendations for changes in the law and justifying how the proposed changes adequately address the needs of the Australian society. Domestic violence is a violent or aggressive behaviour within the home, typically involving the violent of a spouse or partner. Domestic violence in Australia occurs in the privacy of people’s homes and it is mostly upon women that are disadvantaged.
The Child Care Act, 2011, allows the immediate intervention by the health boards and the Garda Siochana, where children are in danger. The domestic Violence Act, 1996 may provide a safety order, that prohibits an individual from further violence or threats of violence, this does not oblige the person to leave the family home. Another approach of this act, is a barring order; that requires the violent person to leave the home (Children First National Guidelines for the protection and welfare of Children, 2017). The protections for persons reporting Child Abuse Act, 1998, states that any person who reports child abuse, in “reasonably and in good faith” has resistance of civil liability. The
Domestic Violence is a serious issue and it can have serious effects on children who live in a home where it is present. Domestic violence can happen in any one whether you are a female or a male. Domestic violence is something that everyone should be aware of especially because it can happen to any family no matter where you are from. According to UNICEF Human Rights Documents state that “as many as 275 million children worldwide are exposed to violence in the home”. This number is huge there
Recent amendments to Queensland and Federal Legislation have not solved the problem of domestic violence in Queensland, let alone Australia. Domestic violence involves both physical and emotional behaviour with the patterns of this behaviour centred on power and control for the abuser. Legislation involved in protecting women and men in a domestic violence relationship has been amended to better protect victims. On the other hand, there is an escalating social and legal issues with domestic violence within Australia. Recommendations need to be done to amend Australia legislation, to add protection to victims of domestic violence. Domestic violence is growing rapidly within Queensland and Australia and needs further change to legalisation
The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.
Domestic violence is a terrible curse to all those involved. It inflicts harm on the victim, the perpetrator and witnesses, whether they be children or not. While support services have long been available to assist women and/or children overcome any issues that arise as a result of domestic violence, these services have left out a significant portion of victims, those that are male. In 2012 The Australian Bureau of Statistics found “That 33.3 per cent of victims of current partner violence during the last 12 months were male” (ABS, 2012) and “37.1 per cent of victims of emotional abuse by a partner during the last 12 months were male” (ABS, 2012). This shows the amount of victims that are being left behind by domestic violence support networks in their current state, despite their good intentions. For such a painful and difficult time it is not adequate to leave one third of those suffering behind.
A state that undertakes custody of a child is declaring that it can do a better job providing protection. This system is a powerful agent of support, providing positive nurturing environments that enable a child to reach his or her potential. Nonetheless, when children suffer additional abuse in the system, this government intervention should be questioned.
Furthermore, the role of gendered power is significant in both child protection and abuse. It is argued that as well as an exploitation of power, child abuse originates from conflict over gender identity and male authority, with male authority being expressed directly through violent control over women and children (Evan and Flitcraft, 1988). The feminist interpretations of power that have stemmed from the original emergence of feminist criminology in the 1970s have had significant influences on modern child protection policy, both positive and negative. These influences have seen a shift from traditional ‘victim blaming’ tendencies, toward acknowledging masculine power dynamics and utilising ‘victim oriented’ solutions. These positive solutions take into account the relative powerlessness of children in abusive situations, which enables a better approach to rehabilitating victims (Carrington 2008, 79).
Unfortunately, it has taken legislators too long to recognize domestic violence as a devastating situation that affects millions of people. Canada’s legal system until very recently has refused to admit the realities of the violence epidemic. Socially, there has been a predisposition to treat the family unit as a “private sphere” being reluctant to intervene in all but the most serious of cases. Despite the policy around violence against women that others have documented over the past decade, it remains a systematic problem of considerable dimension. There have been significant changes in the way in which Canada’s not only social but legal system responds to domestic abuse in both its criminal and family law p...
We can see from the film how their father’s death affected their daily life and how they viewed relationships with others. Throughout history, it has been noted how violence against children has been overlooked. Therefore, after the public interest in children had weaned in the 1950’s it seems as though it had been revived in 1974 with the Child Abuse Prevention and Treatment Act (Module 4: Domestic Violence Toward Women n.d). Laurie and Joan would have benefitted from receiving remediation and treatment in their younger years to try and cope with the after effects. The Adverse Childhood Experiences (ACE) Study demonstrated a link between childhood abuse, and exposure to Intimate Partner Violence (IPV) and the risky behaviors and health problems later on in adult life (Middlebrooks JS, Audage NC. n.d). The ACE Study found witnessing IPV as a child was “two to six times more likely to experience another ACE” (Middlebrooks JS, Audage NC. n.d). There are many resources the family could use if there was an intervention for the family when the girls were children. At an individual level, parent education programs, which include training on learning new skills in a safe environment (Middlebrooks JS, Audage NC. n.d). Many schools across the United States provide programs with teaching instructions for children to learn how to avoid or report domestic abuse. A relationship level
Violence is displayed everywhere in society through media like entertainment, in their schools and communities, and within their homes. It is difficult to imagine living in a world without some sort of violence due to it being so prevalent in society. Many children have been exposed to violence in their own homes or have become victims leaving detrimental short and long term effects. There are three forms of domestic violence in the homes. They are physical, sexual, emotional abuse. People often think of domestic violence as having bruises or a broken arm, but in reality it is an occurrence that happens repeatedly over a period of time. One study concluded “children in domestic violence shelters found that almost half their mothers had
Munro (2003) states child abuse is treating a child in a way that is harmful or morally wrong however, goes on to explain it is hard to find a universal agreement of the definition of child abuse. NSPCC (2010) further explains child abuse as maltreatment of a child. This can be done directly by inflicting harm or indirectly by failing to prevent harm from happening. Abuse can be perpetrated by an adult or another child. Working Together to Safeguard Children (2013) states that it’s the responsibility of everyone who works with children to make sure that a child is safeguarded and their welfare promoted. The Purpose of this essay is firstly to discuss risk factors posed to Simone and Sasha through the scenario provided and highlight ways a professional should assess whether a child is suffering from an abusive or neglectful situation. Secondly the appropriate action that needs to be taken, and the support that needs to be given, and what services will be involved with the family in order to prevent a family brake down while safeguarding and protecting the children’s welfare, will also be discussed. Lastly this essay will draw on current legislation, guidance and procedures that promote multi– agency working in order to effectively safeguard and promote children’s welfare.
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
Domestic violence is skyrocketing in our society. In the U.S., as many as 1.5 million women and 850,000 men were physically assaulted by their intimate partner last year, and numerous children abused by their parents. These sad criminal acts will continue to grow in our society, unless our community takes action to stop these crimes.
There are so many different types of family relationships. Whatever form a family takes; it is an important part of everyone’s life. My family has played an important role in my life. Good family relationships serve as a foundation to interactions with others. Supportive families will help children to thrive. The quality of the family relationship is more important than the size of the family. Making the relationships priority, communication, and providing support for one another is key to developing relationships. Family relationships are what make up our world today; they shape the ways that we see things and the ways that we do things.