family dispute resolution in a family dispute involving domestic violence
In any Family Dispute, it is important that the parties are willing to settle their indifference, make the necessary arrangement in settling their properties and to make address the care and rearing of their child. While it is relatively cheap, time and financially wise, to settle thing amicably and out of court, there are some disputes which are too severe for the parties to be left alone.
That is why the Family Law Act 1975 provided that the Family Court may intervene and facilitate the settlement of any Family Dispute in case the latter cannot be solved amicably.
Before the Court may hear and intervene in the resolution of a Family Dispute, it is mandated that the family go to through a Family Dispute Resolution first and acquire a Family Dispute Resolution Certificate. This will show the Court that an attempt to resolve the conflict between both parties where made.
In a Family Dispute Resolution, sometimes referred as Mediation, the parties who conflict may be assisted how to communicate their concerns and issues to each other. The goal is to present these issues and resolve the same by open communication before they decide on how to settle their dispute and ultimately to acquire a Family Dispute Resolution Certificate.
Family Dispute Resolution Certificate is a prerequisite before the case may be heard by the Court. However, there are instances where the said Mediation can be waived especially when Domestic Violence is involved.
Family Dispute involving Domestic Violence is of urgent nature since the violence must be avoided by the most expedient means possible. The law intends to protect the general welfare of the child and his best interest. Domestic Violence can be detrimental to the sound growth of a child, even if the said child is only a witness to the said violence. That is why Family Disputes involving Domestic Violence is exempted from the requirement of Mediation so that the Court may immediately take the case in their jurisdiction and settle the same in the most expeditious way as possible.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.