A jurisdictional collision? Responses to family violence and family law in the ACT

2021 ◽  
pp. 1037969X2110542
Author(s):  
Patricia Easteal ◽  
Lorana Bartels ◽  
Shannon Dodd ◽  
Jessica White

There has long been concern about the dynamics and inadequacies that may arise when the federal family law system intersects with state and territory civil responses to family violence. We explore the intersection of these two legal regimes in this article. Our findings are part of a larger project examining the Family Violence Act 2016 (ACT) that included interviewing both professional stakeholders and those with lived experience. Findings include a number of ways in which the safety of victim/survivors and their children could be jeopardised (or placed at risk) due to disharmony and communication issues between the two regimes.

2015 ◽  
Vol 53 (3) ◽  
pp. 361-370
Author(s):  
William J. Howe ◽  
Elizabeth Potter Scully
Keyword(s):  

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Muhammad Amin Suma

Abstract: Measuring the Justice of Islamic Inheritance Law by Drawing upon the Text and Context of al-Nushûsh. Accusations against the Islamic inheritance distribution system are surfacing again. Several groups are finding fault with the 2:1 distribution for Islamic inheritors. They suggest this distribution method be converted into 1:1, like it is in the Western system of inheritance and like it is to some extent in Adat inheritance law. This study points out that theoretically Islamic inheritance law looks very clear, comprehensive and fair, from whatever angle you look at it. This takes into account, in a balanced way, the distributions that use the 2:1 approach for joint male and female heirs. The key to understanding this is inheritance has to be treated entirely as a sub-system of the family law system, and even has to be understood as an integral part of the whole Islamic legal system, which is sound and comprehensive.Keywords: justice, inheritance law, textual, al-nushûshAbstrak: Menakar Keadilan Hukum Waris Islam Melalui Pendekatan Teks dan Konteks al-Nushûsh. Gugatan mengenai sistem pembagian kewarisan Islam kembali muncul ke permukaan. Beberapa kalangan mempermasalahkan perimbangan waris Islam 2:1. Mereka menawarkan metode perimbangan ini menjadi 1:1, sebagaimana pada sistem hukum kewarisan Barat dan sebagian hukum kewarisan Adat.  Studi ini menunjukkan bahwa dari sisi mana pun hukum kewarisan Islam secara teoretik tampak sangat jelas, lengkap, dan adil. Termasuk dalam konteks perimbangan pembagiannya yang menggunakan pendekatan 2:1 untuk ahli waris laki-laki dan ahli waris perempuan. Kunci untuk memahaminya harus menempatkan posisi kewarisan sebagai sub sistem dari sistem hukum keluarga secara keseluruhan bahkan harus dipahami sebagai bagian integral dari keseluruhan sistem hukum Islam yang bersifat utuh dan menyeluruh.Kata Kunci: keadilan, hukum kewarisan, tekstual, al-nushûshDOI: 10.15408/ajis.v12i1.965


2020 ◽  
Vol 45 (2) ◽  
pp. 109-116
Author(s):  
Leanne Francia ◽  
Prudence Millear ◽  
Rachael Sharman

AbstractThe focus of this qualitative study was on separated mother’s (N = 36) lived experiences of mothering in the context of post separation family violence and the Australian family law system. Thematic analysis of interviews was guided by a theoretical framework, this being the Three Planets Model. Analysis of the data resulted in two themes relating to mothering being identified. Firstly, that women demonstrated a mode of protecting rather than parenting indicating that mothering was often undertaken in isolation and fear, within an adversarial family law system, and in the presence of a perpetrator of family violence. The second theme related to the aftermath of separation and the long dark shadow cast by family violence. After having left a controlling and violent relationship, separated mothers reported that there was no opportunity to recover, nor to healthily extricate themselves from family violence, which resulted in cumulative harm not only for their wellbeing but also for their children.


2004 ◽  
Vol 10 (1) ◽  
pp. 50-70 ◽  
Author(s):  
Bryan Rodgers ◽  
Bruce M. Smyth ◽  
Elly Robinson

2020 ◽  
pp. 367-380
Author(s):  
Krystyna Szczechowicz

This article deals with the issue of the scope of protecting marriage and the family in the Polish criminal law system. The family is subject to Chapter 16 of the Polish Criminal Code, which is entitled “Crimes against family and guardianship”. The chapter’s title indicates that family and care are the legal generic good protected by the provisions it contains. However, the legislator’s actions are restrained so as not to interfere too much in the functioning of a family, on the one hand, while, on the other, providing protection for its members. The problem also involves the emotional bond between the perpetrator and the victim, which in many cases leads to non-disclosure of the fact of committing a crime. Criminal law is, in many cases, intended to strengthen civil and family law regulations.


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