Shared parenting after relationship breakdown is not in the best interests of children Discuss.
This paper will put forward that when parents cooperate shared parenting is indisputably in the best interests of children after relationship breakdown, however this is subject to many factors which often coalesce to sustain the alternative argument. This paper will demonstrate why shared parenting is in the best interests of the child when parents cooperate, initially by explaining the effects of the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth)1 (hereafter 'SPA'), and then defining the subject area of this paper. The behaviour of post-separation parenting will then be examined to demonstrate why shared parenting is not always in the best interests of children. In support, this will be followed by a consideration of the influence which ongoing parental conflict post-separation has on children, as compared to the psychological effects and child adaptability to parental separation itself. Firstly, a look to the substance of the current legislation. I. THE RATIONALE OF THE AMENDMENTS; ALL VERY GOOD IN THEORY (A) The introduction of the SPA The key public policy concern behind the introduction of the legislative reforms to Part VII of the Family Law Act 1975 (Cth)2 (hereafter 'FLA') via the introduction of the SPA continues to be how to cultivate the continuing care and support of children following parental separation.3 S 60B (2) of the FLA highlights
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
There are many areas of law which have needed updating as changing times need changing views. The most recent need for change has been in family law in relation to transsexuals and cohabitants.
There are many areas of law which have needed updating as changing times need changing views. The most recent need for change has been in family law in relation to transsexuals and cohabitants. It has been suggested that the law in this area is outdated in light of current knowledge. For many years now the Government has been criticised following the cases of Bellinger, Goodwin v UK, of its treatment of transsexuals and cohabitants and not bringing in reforms to the law and the Matrimonial Causes Act 1973. The first case of the up most importance was that of Corbett v Corbett1 in which, significantly, the Government was not criticised in their decision to uphold the marriage as void because it reflected not only society's views in 1970 but the Government's intentions. However in the case of Bellinger v Bellinger2, Mrs Bellinger had already transitioned when she got married and Mr Bellinger supported her in her application for confirmation of a valid marriage. Lord Nichols however, exercised his rights under s4 Human Rights Act 1998 said that s11[c]3 was incompatible with the European Convention saying it contravened Article 8 and Article 124 Although Mrs Bellinger's case was unsuccessful in English courts, it was apparent that there was a momentum for change increasingly recognised in the Court at Strasbourg and articulated in judgements critical of the approach in English
What lessons can be learnt from the existing law of divorce which may be helpful in reforming this area of law?
What lessons can be learnt from the existing law of divorce which may be helpful in reforming this area of law? Introduction "Divorce is probably of nearly the same date as marriage. I believe, however, that marriage is some weeks the more ancient."1 With its history spanning back to Biblical scriptures2 this essay will first look at the current aims and legislation on divorce followed by its practical application. It will then look at criticisms of the current law plus recent attempts at reform, followed by a comparison of the law in other jurisdictions in order to identify lessons and areas of reform. Aims of divorce law The law commission 'family law: a ground for divorce'3, stated that the role of divorce law was to be "The support of marriages which have a chance of survival ... the decent burial with the minimum of embarrassment, humiliation and bitterness of those that are indubitably dead."4 They wished to create "a 'good' divorce law."5 Social changes The question therefore is what is sparking these calls for reform, "any historian who claims that either the law has always shaped marital practises or that marital practices have always shaped the law, or that the causes of change were at bottom either legal, or economic and social, or cultural and moral, or intellectual, is offering a simplistic solution which is unsupported by the evidence. History is messier
![Discuss the Children Act's Welfare Principle. Section 1 of the Children Act 1989 added substantial weight upon child welfare through the statement the childs welfare shall be the courts paramount consideration. [1] This prin](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/937090/listing/937090_1.jpg)
Discuss the Children Act's Welfare Principle. Section 1 of the Children Act 1989 added substantial weight upon child welfare through the statement the childs welfare shall be the courts paramount consideration. [1] This prin
Section 1 of the Children Act 1989 added substantial weight upon child welfare through the statement "the child's welfare shall be the court's paramount consideration." 1 This principle is applicable where the upbringing of a child and the administration of the child's property are in question. Lord Macdermott gave the following analysis of the welfare principle: "...A process whereby, when all the relevant facts, relationships, claims and wishes of parents, risks, choices and other circumstances are taken into account and weighed, the course to be followed will be that which is most in the interests of the child's welfare as that term has now to be understood."2 Many interpretations can be made of the welfare principle, and at this moment in time, judges have a substantial amount of discretion in the area, which is arguably its main strength. However, because of its "extreme indeterminacy", 3there have been countless criticisms, substantial debate, and as John Eeekelaar states, "it has been subjected to critical scrutiny." 4 The main criticisms of the Children Act's welfare principle will be thoroughly discussed in this paper. Since the implementation of the welfare principle in the Children Act, criticisms immediately became apparent. The DFES and DCA conducted the "Care Proceedings System Review", 5which concluded that for the courts to make correct assessments of a
Treatment of same-sex marriages in the UK
"The denial of equal dignity and worth all too quickly and insidiously degenerates into a denial of humanity and leads to inhuman treatment by the rest of society in many other ways." Justice Ackerman National Coalition for Gay and Lesbian Equality V Minister of Justice 1999 (1) South Africa (Constitutional Court) at 28 (para.42) Same-sex marriage, historically a controversial and uniformly prohibited status is now a legally available option in several countries. Even though the United Kingdom is not a jurisdiction where marriage is available for same-sex couples, the recognition of same sex marriage is a highly relevant topic because we live in an increasingly mobile and globalising world where couples are presented with opportunities and reasons to relocate. Therefore, a discussion on the current state of law regarding the recognition of same-sex marriages celebrated abroad, with special attention on the recent case of Wilkinson V Kitzinger & Ors1 and relevant provisions in the Matrimonial Causes Act 1973, Civil Partnership Act 2004, and whether this approach is satisfactory and how it could be developed to meet the needs modern society. The current approach regards to same-sex marriage celebrated abroad The question of recognition for foreign same-sex marriage has been recently addressed in the case of Wilkinson V Kitzinger &Ors . The petitioner and the first
Changes in Patterns of Marriages and Divorce may Reflect Changing Views of the Place of Marriage in Society. There seems to be A Growing Acceptance that Marriage is no longer necessary for couples
SARAH Changes in Patterns of Marriages and Divorce may Reflect Changing Views of the Place of Marriage in Society. There seems to be A Growing Acceptance that Marriage is no longer necessary for couples to produce children or engage in long-term Relationships. Discuss this argument supporting your views with Statistical evidence and the finding of named, identified and dated sociological evidence and explain that do we find Families in every country in the World? A family is defined as a distinct group in society whose members are related to each other by ties of either blood or relation relation, and who support each other economically and emotionally. The family has often been regarded as the cornerstone of the society. A family is best described as a group of people most often consisting of adults and their offspring, living with or near each other. To help us to understand it and describe it more deeply the changes in Marriage and family pattern it is useful to look at family forms. These forms are extended, nuclear, lone parent and reconstituted .In old age before industrialization it was common that families of parents, children and their spouses often lived close to each other and had a frequent contact. If they were not living together then they were living on the same avenue, they had longer expectancies and stable Marriages but now things have totally changed. In
![The present law governing cohabiting couples has been widely criticized; so much so that the Law Commission has characterised the existing rules as arbitrary, uncertain and unfair[1]. There have been many attempts and various consultations to change and r](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/894982/listing/894982_1.jpg)
The present law governing cohabiting couples has been widely criticized; so much so that the Law Commission has characterised the existing rules as arbitrary, uncertain and unfair[1]. There have been many attempts and various consultations to change and r
The present law governing cohabiting couples has been widely criticized; so much so that the Law Commission has characterised the existing rules as arbitrary, uncertain and unfair1. There have been many attempts and various consultations to change and reform the law on property and financial provision when cohabiting couples separate to provide them with more rights and to put them in the same position as those following divorce or dissolution. The increase in cohabitation instigates the necessity an appropriate and timely response from the law to regulate this new tradition. Nevertheless, the government has acknowledged the insufficiency of the current Law; therefore the Law Commission has conducted research over a two year period that culminated in a report published in 2007. The report sets out numerous issues the legislators face in regard to cohabitation and suggests for a possible reform. This assignment will be discussing whether reform is really necessarily the only possible solution in place separating cohabiting couples in the same position as those following divorce or dissolution. The Family Law Act 19962 has defined 'Cohabitation' as "a man and woman who, even though never married, are living together as husband and wife". This definition is however limited, as it lacks acknowledgment of different types of cohabiting couples (e.g. same-sex couples). There is an
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
As the significance of marriage declines in family law there is no longer any justification for excluding cohabitation from full legal recognition. Discuss.
As the significance of marriage declines in family law there is no longer any justification for excluding cohabitation from full legal recognition. Discuss. As the question assumes that the significance of marriage is declining in family law, the first task of this essay will be to establish whether this is factually the situation. This will be ascertained using trends in the divorce rate, the effect of statutes on marriage, and consideration of whether marriage was ever particularly significant in family law anyway. The justification, if one exists, of excluding co-habitation from legal recognition will then be discussed, developing into more in depth reasoning regarding co-habitation, and whether it should enjoy a status in any way analogous to that of marriage. The more controversial issue of the extension of such rights to same sex couples will then be considered, in view of recent case law, and the Human Rights Act 1998. The role of marriage in society can be said to have been in decline in the latter half of the twentieth century, with statistics showing the marriage rate generally declining, especially in the final thirty years of the century, whilst the divorce rate increased. "Between 1971 and 1991 marriages fell by almost sixteen percent while divorces more than doubled. For every two marriages in Britain in 1991, there was one divorce1" The factors behind