FLP 8 - Therapeutic Justice in Family Law

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Questions and Answers

What is a key advantage of mediated settlements in family law cases?

They eliminate all conflicts completely.
They are always legally binding.
They allow for a more adversarial approach.
They often result in better long-term outcomes for children. (correct)

Which aspect of family law has gained significance in recent years?

Social science perspectives on mental health. (correct)
Strict application of legal remedies.
Financial accounting practices.
Enforcement of punitive measures.

How should family lawyers approach cases according to the contemporary view?

Through adversarial confrontation.
By focusing mainly on litigation strategies.
By adhering strictly to traditional legal protocols.
With a problem-solving, solution-based approach. (correct)

What role can financial accountants play in family law cases?

They assist in valuing private limited companies. (A) Signup and view all the answers

Which of the following statements about post-divorce outcomes is correct?

Parties involved in mediation tend to experience better emotional health. (C) Signup and view all the answers

What are some emotional challenges individuals may face during divorce proceedings?

Anxiety and grief. (B) Signup and view all the answers

What is emphasized as a beneficial approach in family law nowadays?

Collaboration among stakeholders in the case. (D) Signup and view all the answers

What is the primary focus of therapeutic justice as described in the content?

Restorative and holistic outcomes for the parties (A) Signup and view all the answers

How should child arrangement applications be treated in family disputes?

As harmful tools to be avoided (A) Signup and view all the answers

What is the primary reason that family law practitioners are expected to collaborate despite representing opposing sides?

To prioritize the paramount interests of the children (B) Signup and view all the answers

How does the role of counsel differ from being merely a mouthpiece for clients in family law practice?

Counsel has a duty to guide clients on permissible actions under the law (D) Signup and view all the answers

Which aspect of family law has notably changed according to the perspectives shared in the content?

The importance of team problem-solving (C) Signup and view all the answers

What does the concept of therapeutic justice intend to create between legal participants?

A lens that produces beneficial dialogue (B) Signup and view all the answers

What expectation has been established for family law practitioners according to the observations of the Court of Appeal?

They have a heightened duty to uphold justice and honor (B) Signup and view all the answers

In what context do family law practitioners typically encounter clients during proceedings?

Clients are at a vulnerable stage and seek expert advice (C) Signup and view all the answers

What skills does therapeutic justice aim to assist parties in acquiring?

Conflict management and co-parenting (B) Signup and view all the answers

According to the content, what should family lawyers prioritize in their practice?

Helping clients make informed decisions (A) Signup and view all the answers

What should family law practitioners do when faced with emotionally driven or bitter clients?

Counsel and guide them while observing their duty to the court (B) Signup and view all the answers

What is not a recommended action concerning child arrangements in family conflicts?

Using children as leverage against the other parent (C) Signup and view all the answers

What does the term 'holistic' imply in the context of family justice?

Considering emotional and relational dimensions as well (C) Signup and view all the answers

What change did Justice Debbie Ong highlight in her speech regarding family law practice?

A transition to therapeutic approaches in conflict resolution (B) Signup and view all the answers

What essential role do family lawyers play according to Gregory Vajendran?

They serve as healers. (C) Signup and view all the answers

What is the primary focus of therapeutic justice in family law disputes?

Prioritizing children's best interests over self-interest. (D) Signup and view all the answers

According to the content, how should parties act during court proceedings in a therapeutic justice context?

By making perceived sacrifices and cooperating. (A) Signup and view all the answers

What misconception regarding therapeutic justice is highlighted in the content?

It is simply about achieving a satisfactory outcome. (B) Signup and view all the answers

In therapeutic justice, what is emphasized for dealing with past grievances?

Letting go of deep-seated hurts. (B) Signup and view all the answers

How does therapeutic justice function within the legal system?

It exists alongside legal principles and procedures. (D) Signup and view all the answers

What rule is highlighted as important for family practitioners under the therapeutic justice system?

Rule 15A of professional conduct. (C) Signup and view all the answers

What is the expected outcome when familial relationships break down?

Healing needs to take place. (A) Signup and view all the answers

What role do legal actors in the family justice system have in relation to therapeutic justice?

To apply the law and achieve therapeutic outcomes. (B) Signup and view all the answers

What is the significance of cooperation between parents in family disputes?

It is essential for resolving issues amicably. (A) Signup and view all the answers

At what point should a legal practitioner begin to adopt a constructive approach in family law proceedings?

When first meeting the client for preliminary advice (B) Signup and view all the answers

Which of the following is NOT mentioned as a family proceeding that a legal practitioner must represent a client in?

Public Interest Litigation (B) Signup and view all the answers

What is the primary obligation of family practitioners when advising clients about children's welfare in court decisions?

To ensure the child's interests come first (B) Signup and view all the answers

How should family law practitioners approach communications with clients to avoid influencing parenting disputes?

By being aware of both overt and subtle language use (D) Signup and view all the answers

Which of the following is considered a dispute resolution option in family law, as mentioned in the content?

Mediation (A) Signup and view all the answers

What does rule 15.2 of the PCR emphasize regarding a legal practitioner’s role in family proceedings?

Advising on all available dispute resolution options (A) Signup and view all the answers

In the context of family law, what does it mean to be 'conciliatory' during proceedings?

To seek a peaceful resolution between parties (B) Signup and view all the answers

What mindset should legal practitioners adopt when participating in family law proceedings?

Constructive and reasonable (A) Signup and view all the answers

Which of the following best describes the practitioner’s collaboration duty in family law cases?

To work effectively alongside opposing counsel for the client’s benefit (B) Signup and view all the answers

Flashcards

Post-TJ Family Law

A shift in family law practice focused on problem-solving and solution-based outcomes, rather than adversarial litigation.

Mediated Settlements

Agreements reached outside of court through mediation, often resulting in better outcomes for children.

Multidisciplinary Approach

Family law cases now involve various professionals, such as mental health experts, financial accountants, and others, addressing diverse needs in resolving cases.

Social Science Factors

Mental health considerations, such as anxiety, grief, and domestic violence, are now crucial in understanding and addressing the effects of divorce on individuals.