The Effects on Children In Same Sex Marriages.
The Effects on Children In Same Sex Marriages Until recently, when questioned for a definition of family, one would respond that a family is a man and a woman living together with their children, or something to such an effect. However, this definition does not hold in today's society. The definition of family has come to represent many different forms, most especially because of the rise in same-sex marriages with children. Continued growth in social acceptance of such families has wiped out the rigid lines once placed around the term family. Legally, same-sex marriages are gaining rights once reserved only for heterosexual families. Nevertheless, there are some who question the effect of having homosexual parents can have on a child. This paper will examine several aspects of development in children from same-sex families in comparison to those raised in heterosexual families. Legally, same-sex couples have overcome many barriers throughout the world. In Quebec, considered to be one of the most liberal in the world concerning homosexual rights, civil unions between same sex couples are legally allowed. As well, homosexual couples have legal rights in adoption and fertility matters. Whereas before when birth certificates allowed only a mother and father's name, today both parents can have their names on the certificate, even if they are of the same sex. Instead of mother
Throughout the 20th century, there was a steady rise in the divorce rates in modern industrial societies. Due to this, concern about the consequences divorce has on children has increased.
Throughout the 20th century, there was a steady rise in the divorce rates in modern industrial societies. Due to this, concern about the consequences divorce has on children has increased. In the following essay, I will be discussing the way 'divorce and the consequences it has on children is treated in Malta; with reference to the reading by M.P.M. Richards entitled "The Interests of Children at Divorce". Despite the fact that this article has been written in the 1900's, it still has great relevance up to this day, and in fact divorce is a very hot topic in many societies in the 21st Century. I will also be analysing how the Maltese Catholic Church, the Malta Nationalist Party (PN), the Malta Labour Party (MLP), and the Alternattiva Demokratika (AD) deal with this issue. Despite the fact that the "Ipoll" surveys held by "The Malta Today", in a synergy with the internet and the readers, brought results which showed a majority of readers in favour of divorce, in the question "Should Malta introduce divorce legislation?" (78% - Yes, 22%-No); Malta remains one of the few secular democracies which doesn't have this legislation. Divorce is the scourge of society according to many Roman Catholics and the Catholic hierarchy, which still holds a very central role in Maltese and Gozitan societies. Mr. Charles Buttigieg, a spokesman for the Curia remained firm to the
Are cohabiting couples treated as if they were married? Critically review recent proposals to reform this area of law.
"Research indicates that a majority of cohabitants believe in the "common law marriage myth": the idea that unmarried couples who are living together are, after a certain amount of time, treated for all purposes by the law as if they were married." Law Commission (303) Cohabitation: The Financial Consequences of Relationship Breakdown http://www.lawcom.gov.uk/docs/lc307_summary.pdf Consider the extent to which cohabiting couples are treated as if they were married and critically review recent proposals to reform this area of law. Family Law can no longer be concerned with marriage alone, as different types of families and relationships are emerging. Society has changed dramatically in recent years, becoming increasingly tolerant of different types of families and relationships, such as single parent families, same sex partnerships, and cohabiting couples. The law, however, has not moved forward as dramatically and there are conflicting views on whether this is good or bad. Some believe that the law should reform in order to accommodate these changes, such as the increase in cohabiting couples, whereas others believe that if these couples want the same legal rights as married couples they should get married. Therefore this essay will examine the extent to which cohabiting couples are treated the same by law as married couples, and what legal reforms are currently proposed
Changes on the life of women in this century have affected different aspects of their social life compared to women in the past century.
Changes on the life of women in this century have affected different aspects of their social life compared to women in the past century. The women were not allowed to work, instead they were meant to look after their husbands, children and entire household. Together the husband, wife and children make up a family unit. The husband was regarded as the breadwinner. He had to work in order to support his family financially. Most women now work but the husband's job is generally considered to be more important. Just over 50years ago, women were excluded from the workforce and were dependant on men. Marxists believe capitalism is the key factor in the oppression of women. Pontian has the highest divorce rate in the EU. Pontish marriages in every 1000 end up in divorce compared to the rest of Europe. The number of divorces rose from 29000 in 1951 to 155000 in 1995. Homes and marriages may be broken. Separation thraige either choice necessity (like working home or imprisonment may cause a broken home, as may the death of a partner. So homes may be broken for reasons other than divorce. Women in this century now take up employment, which means that they may have a voice in terms of financial support. They now want equality within their marriage. Working wives are now spending more time away from home, working long hours and have less time to look after their husbands and children.
Why Same-Sex Marriage's Make Sense, A Small Community's Perspective
Why Same-Sex Marriage's Make Sense, A Small Community's Perspective The Right-Wing ideology of Christian American has provided barriers to same-sex marriages in this country for long enough. Because of this, religious agendas and political fervor have impeded the rational of law makers for too long. In this article I will demonstrate with conviction why same-sex marriages should not only be legal, but also how they will have an overall benefit for society that far out weights any associated costs. We will look at the opposing viewpoints carefully and show how they make little sense in this debate. Lastly, it will be shown that a small community such as Ann Arbor, MI is the perfect environment to begin the movement of allowing same-sex marriages the legal rights of heterosexual marriages. In a country, much less a community like Ann Arbor, where equality is pursued so commendably, one is taken by surprise to find that homosexual marriages are not given the same legal rights as heterosexual ones, nor are they recognized. From this fact one can conclude that the formers of legal policy have decided that same-sex marriages are not equal to heterosexual marriages. Taking this a step further, they have decided one is allowed to choose any heterosexual partner they see fit and enjoy the protection of the law, but one is not allowed to choose a same-sex partner and enjoy those
Intellectual property disputes
Scholars and practitioners alike have proclaimed mandatory mediation a triumph in the pursuit of a more efficient and cost- effective dispute resolution system. In its most potent form, advocates claim that mandatory mediation will remedy the flaws of delay, formality, and dissatisfaction which pervade the current civil justice system. In an age where the adversarial model is falling into disrepute, mandatory mediation holds the promise of earlier settlements in a context focused on party empowerment. The potential success of this practice has become so consumed by popular thought that few have paused to consider the myriad of issues embedded in the oxymoron of 'mandatory mediation'. One fundamental concern with coercing a party into mediation is that certain types of disputes are not reconcilable within this forum. Litigants involved in intellectual property disputes, for example, are susceptible to unnecessary delay, denial of due process, and substantial power imbalances when subjected to mandatory mediation. Utilizing the context of intellectual property disputes, this paper offers a critical examination of the repercussions of instituting mandatory mediation as a preliminary step to litigation. Rule 24.1 of the Ontario Rules of Civil Procedure was implemented with the specific mandate "to reduce costs and delay in litigation and facilitate the early and fair
The aim of the Children Act 1989 was to simplify the law relating to children.
Discuss the current debates in relation to contact orders and the absent parent The aim of the Children Act 1989 was to simplify the law relating to children, making it more consistent and flexible. In essence the objective was to make the law more appropriate by making it child centred. Hester (2002) contended that the Act re-defined child care law, introducing new measures for working with children and families in both public and private family law. Generally speaking the Children Act has embodied a fresh approach to working with and for children, underpinned by the principle that the child's welfare is paramount. Under section 8 of the Children Act 1989 the court may make four types of order within family proceedings in respect of the child's welfare: a contact order, a residence order, a prohibited steps order and a specific issue order. This report focuses primarily on contact orders and the problems that have been associated with them since the implementation of the Act. It will discuss in depth the issue of domestic violence and the concept of implacable hostility. A contact order requires the person with whom the child lives or is to live to allow the child to visit or stay with the person named in the order or that person and the child otherwise to have contact with each other1. There has been a strong presumption since the introduction of the Children Act and
family law nulity
Family Law Question 1 The law surrounding the nullity of any marriage is laid down in the Matrimonial Causes Act 19731 (hereafter MCA). A void marriage is a marriage which is clearly void from the very beginning of the said marriage. The reasons for void marriages are clearly defined in section 11 of the MCA which states that the marriage is void if the parties are within prohibited degrees of a relationship, i.e. niece and uncle or the step children of any person previously married to the child's parent and who have played a pivotal role in the upbringing of the said child. If either party is under 16 years old this is also a void marriage, if either party was already married this too becomes void(Chard v Chard)2. Void marriages also include same sex partners (Corbett v Corbett3 and Bellinger v Bellinger)4 unless it is a transsexual who has obtained a full gender recognition certificate under the Gender Recognition Act (2004) in this instance the marriage would be lawful5. Also polygamous marriages entered into outside of England and Wales if either party was domiciled in England or Wales at the time. A voidable marriage also has to meet certain criteria and this is set out in section 12 of the MCA. The grounds for voidable marriage are clear and include the non consummation due to incapacity ( Petitt v Pettit)6 by either party or indeed wilful refusal by either party to
With the very nature and fluidity of Family Law, many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds.
With the very nature and fluidity of Family Law, many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds. Parental responsibility is one such example where s.3 (1) of The Children Act 1989 provides that, "...all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property." Indeed Ashley is one of the many who observe that this definition is far from helpful and adds that [even] "lawyers struggle to give clients a clear expression of what it actually means."1 The Law Commission did consider this issue and concluded that it was not possible to include a list of all matters concerning PR, as this would continually change.2 John Eekelaar did try to conceptualise the meaning in his article 'Parental Responsibility: state of nature or nature of the state' by stating that PR performs two distinct but interrelated functions. "It describes the power of the parent in terms of responsibility not rights, and locates the obligation to care for children with the parents not with the state."3 However, a much easier task is to look at who has PR in relation to Dean, Eva and Grant as the situation presently stands. As Herring identifies this issue is a much more important one than 'who is the parent?' However, and he is quick to add, that due to the CA 1989, "'who
How to Make Lemonade When Life Gives You Lemons - Single Parenting
How to Make Lemonade When Life Gives You Lemons Single Parenting by Reasons and Statistics Single parent families are different to families with two parents living under the same roof. There are different reasons why a person becomes a single parent such as divorce, broken relationship, death, adoption or living apart though being married. Whatever the reason is; the facts are as follows: The percentage of children who live with two parents has been declining among all racial and ethnic groups. There are 12,687,000 female single-parent households, and 4,028,000 male single parent households (or over 16,715,000 single parent families in the U.S.)(1) Furthermore 32% of all births were to unmarried women in 1997. (2)As a result 28% (20 million) of all children in the US under 18 live with one parent however 84% of children who live with one parent, live with their mother. Moreover 56% of single parent households had no other adult living in the house. (3)There are 11.9 million single parents in the US. The number of single mothers (9.8 million) has remained constant while the number of single fathers grew 25% in three years to 2.1 million in 1998. Men comprise one-sixth of the nation's single parents. (4)On child basis, of children living with one parent: 38% lived with a divorced parent; 35% with a never-married parent; 19% with a separated parent; 4% with a widowed parent;