In family law disputes, the importance of Magellan is that it is an integrated case-management system that works to reduce trauma for children and that keenly focuses the evidence-gathering and trial processes on ensuring the best outcomes for children who may have been abused or may be at risk of abuse.
Background
In 1997 the Australian Law Reform Commission and Human Rights Commission conveyed a report ‘Seen but not heard’. Focussing on children’s involvement within the legal process, revelations of excessive time periods, expensive and inconclusive legal process and parental dissatisfaction surfaced. A decade on, the Preliminary report of the family violence and violence in family’s was released. Particularizing the involvement of …show more content…
-Magellan cases had a superior involvement in the statutory child protection department, utilising the focus upon child protection.
-Magellan cases had an average of 6.2 court events, comparatively Magellan-like cases had an average of 10.9 court events.
-With a focus on the same members working on a Magellan case from start to finish, they were dealt with by 3.4 different judicial officers on average, compared to 5.7 for Magellan-like cases.
-Also significantly it was found that Magellan cases were more likely to settle disputes earlier than Magellan-like cases.
-Timely resolution is a focus of Magellan cases, the aim is based around what is best for the child, and research conducted suggesting that the resolution of cases within a 6 month period causes the child less stress and is better for their well-being. When taking into account the total length of the cases from the date of initial application through until the finalisation, Magellan cases were found to be significantly shorter than Magellan-like cases by an average of 4.6 months. Furthermore Magellan cases were resolved 3.4 months faster than Magellan-like cases.
Key …show more content…
Essential is the need for children and parents to re-establish relationships after proceedings. Often lapses in time spent with the child are due to suspended/limited or supervised time constraints causing tension to an already strained relationship. Allegations of abuse against the child’s father are common, wether due to anger and resentment or an actual belief the child has been harmed, this can lead to a separation between the father and child as deprivation from the ability to spend time with the child is often utilised for the child’s safety. It is the judge’s main aim to protect the child, and this will considered first and foremost by the judge. Main aims of the Family Court include determining cases based upon complex law and
Background
In 1997 the Australian Law Reform Commission and Human Rights Commission conveyed a report ‘Seen but not heard’. Focussing on children’s involvement within the legal process, revelations of excessive time periods, expensive and inconclusive legal process and parental dissatisfaction surfaced. A decade on, the Preliminary report of the family violence and violence in family’s was released. Particularizing the involvement of …show more content…
-Magellan cases had a superior involvement in the statutory child protection department, utilising the focus upon child protection.
-Magellan cases had an average of 6.2 court events, comparatively Magellan-like cases had an average of 10.9 court events.
-With a focus on the same members working on a Magellan case from start to finish, they were dealt with by 3.4 different judicial officers on average, compared to 5.7 for Magellan-like cases.
-Also significantly it was found that Magellan cases were more likely to settle disputes earlier than Magellan-like cases.
-Timely resolution is a focus of Magellan cases, the aim is based around what is best for the child, and research conducted suggesting that the resolution of cases within a 6 month period causes the child less stress and is better for their well-being. When taking into account the total length of the cases from the date of initial application through until the finalisation, Magellan cases were found to be significantly shorter than Magellan-like cases by an average of 4.6 months. Furthermore Magellan cases were resolved 3.4 months faster than Magellan-like cases.
Key …show more content…
Essential is the need for children and parents to re-establish relationships after proceedings. Often lapses in time spent with the child are due to suspended/limited or supervised time constraints causing tension to an already strained relationship. Allegations of abuse against the child’s father are common, wether due to anger and resentment or an actual belief the child has been harmed, this can lead to a separation between the father and child as deprivation from the ability to spend time with the child is often utilised for the child’s safety. It is the judge’s main aim to protect the child, and this will considered first and foremost by the judge. Main aims of the Family Court include determining cases based upon complex law and