Marriage
Divorce
Family Violence and Child Abuse
Resolving Disputes
100
What is the legal age for marriage
The marriageable age for both men and women is 18
100
What is the definition of divorce?
Divorce refers to the ending of the legal relationship between a man and women who are married. The marriage no longer exists and each party is free to remarry if they choose.
100
What are the 4 forms of abuse?
Physical, Emotional, Sexual, Neglect
100
What are the 4 institutions for resolving family law disputes?
Family court of Australia, Family relationships centre, Magistrates Court, Family Violence Division of Family court
200
What is the definition of marriage?
Marriage is the union of a man and woman to the exclusion of all others, voluntarily entered into for life.
200
Who has to provide child support?
Parents (whether they are married or not) are obliged to financially support and provide proper care for their children. Separated parents can decide to make their own arrangements about child support or the Australian Government Department of Human Services can calculate the amount to be paid.
200
How does the law respond to family violence?
Through mandatory reporting and intervention orders
200
When was The Family court of Australia established?
1975
300
What is a prohibited relationship?
Ancestor or descendant, brother or sister (including adopted and half, but not step)
300
What is the purpose of no fault divorce?
The party applying for divorce no longer has to show that their spouse caused, or was at fault for, the marriage breakdown. No-fault divorce allows most matters to be resolved quickly, with less blame and hostility.
300
What is mandatory reporting and who is obliged to report abuse?
By law, one must report when they have a suspicion of child abuse that is based on reasonable grounds. -Doctors, teachers, nurses, principals and police are all legally mandated to report physical and sexual abuse. -All people are legally mandated to report sexual abuse.
300
Why was The family court of Australia established?
To create provision for Family Court counselling, mediation and arbitration, and provided the framework for divorce, parenting plans, spousal maintenance, child support and property settlements.
400
What is classified as real consent to marry?
Consent to marry must be voluntarily and knowingly. It is not real consent if obtained under duress or fraud. Duress, in these circumstances, include both force/threats and family pressure. Individuals must have the mental capacity to understand the proceedings.
400
Explain the resumption of cohabitation law
A couple may reconcile and live together for up to three months without the mandatory 12-month separation period starting over again. If their reconciliation does not last. then the first separation period and the subsequent separation period are used to calculate the required 12-month separation period.
400
Explain the cycle of abuse.
1. Tension building- tension increases, breakdown of communication, victim becomes fearful and feels the need to appease the abuser. 2. Abuse occurs- Verbal, emotional, physical abuse. Anger, blaming, arguing. 3. Reconciliation- Abuser apologises, gives excuses, denies abuse occurs. 4. Calm- Incident is forgotten, no abuse is taking place.
400
What is the purpose of Family relationship centres?
To provide advice and support to couples, mothers, fathers, grandparents and children. The aim of these centres is to help people to maintain healthy relationships and good parenting. Mediation is provided for couples wishing to resolve family disputes. As well as Family Relationship Centres, people can use the Family Relationship Advice Line and Family Relationships Online to find information and services to improve their relationships or deal with relationship difficulties.
500
For the marriage to be valid, the couple must:
Complete a 'notice of intention to marry' form, show each other's birth certificate as proof of age and place of birth, and declare that they are free to marry
500
What is a parenting plan?
A parenting plan is appropriate when the parents come to an amicable agreement about how their children will be cared for and supported after separation or divorce. A parenting plan is not legally enforceable, but a court will take it into account if the parents do not keep to the agreement in the future
500
What are the reasonable grounds of mandatory reporting?
-A child tells you they have been abused -Someone else tells you that a child has been or is being abused -A child tells you that they know someone who is being abused (the child in this instance may be referring to themselves) -Your own observations of the child's physical and/or emotional condition or behaviours lead you to suspect that the child has suffered abuse. You do not have to prove that abuse occurred to report!
500
What are the matrimonial disputes that The family court of Australia deals with?
. divorce applications . spouse maintenance issues . parenting plans . child support (maintenance) . property settlements . injunctions related to family law.
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