The Family Court System In Queensland

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The family court system possesses a crucial function in managing family breakdown; this system deals with the tribulations and difficulties that children face during this challenging process. The law has procedures and requirements for the legal recognition of a family unit, the Family Law Act of 1975 is the current relevant legislation in Queensland. Family law is sensitive to changing social, cultural, ethical and moral values. The law upholds certain rights and obligations that apply to family members. Various contributing factors arise to this systematic court, the effectiveness of the Family Court System, stakeholders and their involvements in this process and suggested legislative changes to this system.

The Family Court system of Queensland currently upholds a substantial role within society that systematically obligates Australian citizens to resolve their most complex legal family disputes. Through its specialist judges and staff, this system is sensitive to changing social, cultural, ethical and moral values. The most common and important issue that arises in divorce is where any child or children will live after it occurs. In some instances, agreement cannot be reached between the divorcing people and it is at the point that the family court or the federal circuit court needs to make those decisions. When the court needs to make those decisions and determine an order, it has to ensure that the best interests of the child are paramount.

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During the difficult duration of cases within the Family court, stakeholders hold a crucial role within the system. Stakeholders of this system comprise of parents, children, foster parents, grandparents, counsellors and youth workers. These stakeholders and their perceptions, opinions and values of the law are crucial in improving the Family Court system. When parents separate, they turn to the family court system, a study conducted by The Australian Institution of Family studies spoke to parents involved with the system. This study revealed that 72% of parent’s reports didn’t represents a true reflection of their thoughts and feelings of a situation. This system does not encounter for serious issues that parents face during this process, consisting of Domestic violence, adoption surrogacy and wills or power of attorneys. Children’s rights and responsibilities during this process delegate imperative importance correspondingly. A study conducted by The Australian Institution of Family studies spoke to children 10-17, these studies found that 76% of children involved within the family court system wanted their parents to listen more to their views when they were working out living arrangements. Children wanted to be heard better by family law people, especially involving their safety. 78% of children did not feel the family law person they spoke to spoke to was listening to them or taking their views seriously.

The Family Law Act of 1975 is the current relevant legislation in Queensland. This legislation is divided into 15 acts, Part IV is the Family court of Australia provisionary. In this part, Family court of Australia is divided into seven divisions. Through these seven divisionary parts, ensures that all aspects of the Family court system are covered. Although this legislation does not advocate and represent the factors of child abuse, domestic violence, adoption and surrogacy or power of attorney and wills. With these vital aspects left out of the court system leaves room for inconsistency’s and complications within the Family Court system. A study conducted by The Australian institution of Family studies spoke to families within the court system to suggest potential legislative changes. These legislative changes suggested the opportunity to give children and young people a prospect to participate in the decision-making process. 63% of Family court cases revealed that domestic violence had a crucial aspect in the dispute between two parties, the legislation did not advocate and protect their rights involving child abuse and domestic violence. If these inconsistencies could be added to the legislation it would not only improve the system although create a fair and equal system for societal enhancements.

With all this being said, the family court system possesses a crucial function in managing family breakdown; this system deals with the tribulations and difficulties that children face during this challenging process. The Family Court system protects and advocates for the minority of society and is consistently adapting to the changing of social, cultural, ethical and moral values.

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