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compliance issues in family law (1 Viewer)

always777

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I was planning an essay for a question asked in 2003 hsc:
'compliance with the law is necessary to achieve justice for all.'

i realised it was tricky so i looked at the examiner's comments on the BOS site. Discussing AVOs, child support i can understand. But the examiner also said this:

"Better responses dealt with compliance issues at a number of different levels. Firstly, there was the notion of the foundation principles of modern Family Law, ie no-fault divorce, the paramount concern for children, and the movement away from an adversarial approach to an approach that focuses on Primary Dispute Resolution. Better responses were able to highlight the change in legislation and case law that embodied these principles. These responses were also able to successfully link the above with the justice outcomes expected by the law and changing community standards."

Now what does no-fault divorce etc, and changing community standards have to do with issues of compliance with family law?

Also, is there any benefit in choosing the question that you know most candidates wont choose - it seems to me the examiners always have a lot of praise for them...
 

Meldrum

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The provisions for divorce under the Family Law act was widened to include the 'no-fault' divorce...aside from that I don't know...ugh.
 

goan_crazy

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from 2003 the other question was easier:
"evaluate the effectiveness of the law in achieving justice for famly members"
something like that
 

Mellonie

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"no fault" clause in divorce is just the fact u must prove "irrevertible break down in marriage" that is 12 month seperation rather then tthe old laws where their was 14 grounds of fault clause which existed in order to achieve a divorce. Siimply divorce now days is much easier to achieve, therefore enforcement is easily achieved due to the easy method of achieving divorce.
But however it has also stopt couples from trying to resolve their disutes as divorce is so easy to achieve today in our society.

hope it helps
 

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