FadeToBlack
lonely sunday friend
ok so I'm doing an effectiveness essay for Family Law, and I'm just wondering: Do you think 2 paragraphs for the Individual, and 2 paragraphs for Society, totalling 4 issues will be enough for a good essay? I could do 3 for each, But I'm thinking, with the length my paragraphs are turning out to be, i'll end up trying to write more than i'm able to, and not finish. I'll post what i have done for the Individual in this essay (just imagine 2 paragraphs for Society of similar quality coming after)
A key area in which the justice system aims to provide justice for the individual is equality. Equality means everyone must be treated equally under the law. In the area of divorce, the Family Law Act 1975 (Cth) created a more equitable process, introducing such concepts as no-fault based divorce. Prior to this Act, under the Matrimonial Causes Act 1959 (Cth) divorce laws tended to favour men, and as a result men gained more property, and custody of children more often. The Family Law act, with its introduction of such concepts as no-fault based divorce succeeded in creating a greater equality for women, and an overall more equitable divorce process. Through reform of the Family Law Act in various amendments, such as the Family Law Reform Act 1995 (Cth) which improved equality and protection of children and their rights by requiring both parents to be responsible for their care, Governments have effectively continued to improve on equality in Family Law. However, By its nature Family Law does not treat everyone equally for example children are seen as more vulnerable, so treated differently to adults. This can be seen as restrictive of achieving equality in Family Law, but it ultimately strives to protect those less able to protect their own rights, and through this achieve equality. Therefore, overall, Family Law can be seen achieving, through legislation, their aim of constantly improving equality.
For the law to be truly effective, it must be effectively enforced. By its nature, many issues coming under Family Law do not need enforcement the primary focus is on Alternative Dispute Resolution. However, an area that does need enforcement is domestic violence. Apprehended Domestic Violence Orders (ADVOs) are made under the Crimes Act 1900 (NSW) to prevent threatened domestic violence. ADVOs are restricted in their enforcement They are only effective if the person to which they apply takes the order seriously, and desists. However, their enforcement has been strengthened by the Crimes Amendment (Apprehended Violence) Act 1999 (NSW). Also needing enforcement is the area of child support. Non-payment of child support is referred to the Child Support Agency (CSA) who collect and enforce payments. The CSA has a wide range of options in enforcing payment, including garnishing wages, intercepting tax refunds, and taking court action, and therefore, through referring the issue of child support enforcement to the CSA, Family Law can effectively enforce in this area. However, the stigma attached to some issues under Family Law, such as domestic violence and child abuse means many cases are not reported The Australian Bureau of Statistics state only 20% of women who experience domestic violence report it to the police. Therefore many instances of such crimes fail to be enforced, as they are not reported. But despite these restrictions, Family Law overall can be seen as effective in maintaining and increasing enforceability through such avenues as legislation, use of ADVOs, and the CSA.
A key area in which the justice system aims to provide justice for the individual is equality. Equality means everyone must be treated equally under the law. In the area of divorce, the Family Law Act 1975 (Cth) created a more equitable process, introducing such concepts as no-fault based divorce. Prior to this Act, under the Matrimonial Causes Act 1959 (Cth) divorce laws tended to favour men, and as a result men gained more property, and custody of children more often. The Family Law act, with its introduction of such concepts as no-fault based divorce succeeded in creating a greater equality for women, and an overall more equitable divorce process. Through reform of the Family Law Act in various amendments, such as the Family Law Reform Act 1995 (Cth) which improved equality and protection of children and their rights by requiring both parents to be responsible for their care, Governments have effectively continued to improve on equality in Family Law. However, By its nature Family Law does not treat everyone equally for example children are seen as more vulnerable, so treated differently to adults. This can be seen as restrictive of achieving equality in Family Law, but it ultimately strives to protect those less able to protect their own rights, and through this achieve equality. Therefore, overall, Family Law can be seen achieving, through legislation, their aim of constantly improving equality.
For the law to be truly effective, it must be effectively enforced. By its nature, many issues coming under Family Law do not need enforcement the primary focus is on Alternative Dispute Resolution. However, an area that does need enforcement is domestic violence. Apprehended Domestic Violence Orders (ADVOs) are made under the Crimes Act 1900 (NSW) to prevent threatened domestic violence. ADVOs are restricted in their enforcement They are only effective if the person to which they apply takes the order seriously, and desists. However, their enforcement has been strengthened by the Crimes Amendment (Apprehended Violence) Act 1999 (NSW). Also needing enforcement is the area of child support. Non-payment of child support is referred to the Child Support Agency (CSA) who collect and enforce payments. The CSA has a wide range of options in enforcing payment, including garnishing wages, intercepting tax refunds, and taking court action, and therefore, through referring the issue of child support enforcement to the CSA, Family Law can effectively enforce in this area. However, the stigma attached to some issues under Family Law, such as domestic violence and child abuse means many cases are not reported The Australian Bureau of Statistics state only 20% of women who experience domestic violence report it to the police. Therefore many instances of such crimes fail to be enforced, as they are not reported. But despite these restrictions, Family Law overall can be seen as effective in maintaining and increasing enforceability through such avenues as legislation, use of ADVOs, and the CSA.
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