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Law case study

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Introduction

Law (Introductory and Child Care) Module (SS2011) Case Study. 0612137 Case Study The Family Richard and Johanna have been in a relationship for eight years, but have never married. They have two children, Eilidh aged 6 years and Jack aged 6 months. They live in social housing on the outskirts of Glasgow. Johanna worked part-time to help with the finances after Richard was injured at work. Tragically Johanna was killed by a hit and run driver, leaving Richard to cope on his own bringing up the children. Within this case study I will look at the various legislations that are relevant to this family, and the impact they have on the family's rights and responsibilities. I will also look at the responsibility and duties of the social work departments and the duties they have in relation to children and families. Civil and Criminal law Legislation falls heavily upon this family, and law plays a big part in their daily lives. In Richard's case after suffering a leg injury at work he could or may pursue criminal damages through the civil courts with him being the applicant, bringing the case against the defender. This case could also arise in the criminal courts if the defender is being sued for damages for the injury caused. In this case the procurator fiscal brings the case to the district court and must have sufficient evidence to prove the case beyond reasonable doubt; the court must be satisfied that the accused is guilty. A civil case must have sufficient evidence to prove a case on balance of probabilities; the court must be more than 50% satisfied. "Criminal law is concerned with crime and how the courts deal with it. Other types of law are generally described as civil law" (Law Module 1&2, RGU 2007). Two of the main differences between civil and criminal law are the different court structures and the different outcomes, however they are separate court systems but some courts will appear in both systems, most ...read more.

Middle

If this was the case then both parents would have to have had a "reasonable excuse" for their child's failure to attend school. One "reasonable excuse" which would constitute this would be a death in the family. But at the same time if the case was different not attending school then this reason alone would be looked at and some additional support can be introduced, Marriage The UN General Assembly under "Recommendation on Consent to Marriage" puts across "Recognizing that the family group should be strengthened because it is the basic unit in every society, and that men and women of full age have the right to marry and to found a family, that they are entitled to equal rights as to marriage and that marriage shall be entered into only with the free and full consent of the intending spouses, in accordance with the provisions of article 16 of the Universal Declaration of Human Rights" Both parents began to live in Scotland when Johanna fell pregnant with Eilidh, they lived as a cohabited couple but reform to the Marriage (Scotland) Act 1977, which was recently amended by the Family Law (Scotland) Act 2006 extended their rights of a cohabiting couple abolishing "Marriage by cohabitation with habit and repute" (law module 1&2, RGU 2007). As a result in Scotland Richard and Johanna meet the requirements of an irregular marriage and can be treated as a married couple by law. This has become possible even though they have never entered into a civil or religious marriage ceremony. "For this, the parties must live together and be regarded as husband and wife for a sufficient period of time" (Fabb & Guthrie, 2000, p86) Richard can apply to the court for a declarator of marriage to have his relationship established. If it was granted and established, Richard would be given the same legal rights to his children as covered by The Marriage (Scotland) ...read more.

Conclusion

Act 1995 and in particular the impact Rights and Responsibilities have on married or non - married couples. Throughout, the common theme seems to be about fathers and the lack of rights they have when it comes to their children. Law had to recognize this and so the introduction of the amended (Family Law Act 2006) addressed these issues. Richard after the death of his partner was faced with bringing up his two children on benefits as there is no indication that he was working after his accident. To legally be responsible for his children, Richard would have had to request from court a declarator of marriage, if there was no will left from his partner stating he was the father to both children or if his name did not appear on their birth certificates. In this case study, I have touched on a number of legislations which I feel are relevant to this family, especially issues written into The Children (Scotland) Act 1995. Issues also arise relating to discrimination in the case of unmarried fathers, and (The Disability Discrimination Act 1995) Social work departments within local authorities are service providers and are subject to the duties imposed to them under part 3 of (The Disability Discrimination Act 1995). Equally important is the good practice by social workers in respecting the people they are working with, their rights, and privacy and to provide help and protection to children and families. WORD COUNT 3140 MN 0612137 Reference RGU Law Module 1&2 (2007) Scottish Executive Publications. Fabb, J & Guthrie, T. (1997), Social Work Law in Scotland, (2nd Edition), Butterworth's, Edinburgh. Baillie, D, Cameron, K, Cull, L.A., Roche, J, West, J, (2003), Social Work and the Law in Scotland, Palgrave, London. The Children (Scotland) Act 1995. Social Work Act 1968. United Nations Right of the Child, last cited 7th April 2007 http://www.hri.ca/uninfo/treaties/65.shtml. Family Law Act 2006, last cited 7th April 2007 http://slcc.strath.ac.uk/scotslawcourse/hw/cohab/hwcohabstatus_MHFP.htm Adam, D. Dominelli, L. and Payne, M. (2002), Social Work Themes, Issues and Critical Debates (2nd Edition) Palgrave New York. ...read more.

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