Family Law Essay

"Unlike the mother, the unmarried father has no 'automatic' parental responsibility."

To what extent is this an accurate summary of the law on parental responsibility? Consider whether compulsory joint birth registration in the case of unmarried fathers would be a helpful reform.

The Children's Act defines parental responsibility as "all the rights, duties, powers, responsibilities and authority which by law aparent of a child has in relation to the child and his property". The law does not tell us exactly what this means but in a broad sense it is fairly clear what is meant by this. 'It is much easier to define a 'normal' family – a husband and wife and the children of their marriage – than it is to define the powers and ...show more content...

A case of a four year old that did not want contact with their father and was fearful of him this was taken into account and the order for parental responsibility was refused. Following from the two cases it shows that courts will take into account both the child and parents view but they will almost always decide what is best for the child.

'The latter are usually described as social parents'. When it comes to parentage not all parents are genetically inclined with their parental responsibility. There are both genetic and non–genetic families; both will have the same parental responsibilities as each other – 'both have distinctive contributions to make to the life of a child'. Whether the parents are genetic or adoptive they still care for a child in the same way and should not be judged any different from each other. Whether you are an adoptive parent or a genetic parent they all fit into the concept of anuclear family.

'Being a parent is not just a matter of language but something which confers a legal status'. Get

Family law

Changes to family law as a response to changing values in the community/role of law reform in achieving just outcomes for family/ effectiveness of legal and non–legal responses in achieving just outcomes for family members

The family law act 1975 introduced major change to divorce law on 14 grounds of infidelity, cruelty and desertion. In 1975 saw a major reform in family law, as the family law act introduced no fault divorce meaning that neither party were to blame for the breakdown of the marriage. One party had to tell the other and separate for a period of 12 months, then apply for an application with family law court for dissolution of the marriage. The change in law was a reaction to changing social values depicted from...show more content...

If a couple can reach an agreement on how property is to be divided before going to court they can apply for a Consent Order. In New South Wales de facto couples can approach the District court to gain a property settlement Recent changes to law allow for the future needs of the de facto partners to be taken into account in property settlements. Problems can occur when partner hides property or sells property to friend at low price before the divorce.

Domestic violence occurs between family members; married or de facto couples and or their children. There have been cases where women have been subject to domestic violence and have killed their spouse, (R.v Heather Osland 1996). 'Battered woman's syndrome' is a complex of psychological adaptations that lead women to kill, which can now be used as self–defence and provocation.

The courts are becoming more willing to accept evidence of 'BWS' as a partial defence for murder, evidence of growing recognition by the law of the effects of domestic violence. Amendment to the Crimes act 1990 meant that children and adults would be protected from abuse. Legislative response to domestic violence was the creation of the Periodic Detention of Prisoners (domestic violence) Amendment act 1982 (weekend detentions for offenders).

There have been significant amendments to the New South Wales legislation; the crimes act 1990 was amended in 1994 to make stalking and

Family Court Cases

Family courts are convened to make orders regarding family laws, child custody and divorces. A large number of cases that are heard in family cases are divorce cases. In such cases there is a need for lawyers who can handle the case with utmost care.

When separation becomes the last option for couples facing problems in a marriage, they need to decide if they are able to settle everything themselves or need a family law attorney to do it for them. Generally, it is advised to hire a lawyer who can act as a mediator and save your precious time and money along with painful court experiences.

If the couple chooses to hire a lawyer, then hiring the right one becomes crucial. Settling things in a civil manner without fueling the already existing...show more content...

In such a situation, a lawyer is needed to protect the interests. He or she can give you advice as well as the legal options with you and what your next move should be.

If children are involved

One more important thing during a divorce is the custody of children. Choosing an attorney if children are involved is the best option to ensure that the children remain unaffected. Both the legal and emotional issues need to be dealt with utmost care. The lawyer has to act not only as a professional but also a human being with a parent's heart in the case.

In case of collaborative lawyers

In collaborative practice, the lawyers agree to work cooperatively towards a settlement without approaching the court. This is only practiced when the other spouse has hires a collaborative lawyer. Both these act as mediators and encourage earlier settlement.

These days, the internet allows you to hire a lawyer online without much effort. You get lots of experts who can handle your case within your locality. A good lawyer will protect you and your assets more than you think. Even the mediators facilitate a satisfactory agreement with both spouses without representing individual interests. So hire an expert who will help you to make the best decisions about your

The Impact of Departure From The EU Will Impact Family Law

While the country is still reeling from the EU referendum, we need to take a much closer look at how departure from the EU will impact family law in England and Wales.

Family law is not a stranger in the sense of taking steps to move away from the EU which will take quite a bit of unraveling from the EU legislation. The same can be said regarding many of our other laws. Without a doubt, this will take quite some time and the process will probably drag out for quite some time. Although the long–term impacts of Brexit, or departure of the UK from the EU, may not be fully felt for quite awhile, there are many consequences in regard to future divorces from the EU.

Nigel Shepherd,...show more content...

Bear in mind, in the absence of this important EU legislation, this will lead to even more uncertainty regarding who has the jurisdiction to hear the case. It has been iterated that the courts will have to fill the vacuum with something that would be similar to Brussels II in order to address the situation.

Adding to this, the Brussels IIa allows an order that was created in England to recognised and is enforceable in other jurisdictions. Orders that are commonly affected by the EU legislation includes child custody, other arrangements and matrimonial orders that need to be addressed by the new legislation in order to stay enforceable across the borders.

Keeping agreements made between multinational couples in a divorce are governed by Brussels IIa which allows for a more uncomplicated approach for enforcement across different jurisdictions. The enforcement of these agreements will need to be addressed in light of any new legislation and will have the greatest impact on matrimonial property and who owns what in different countries.

Other Arising Issues:

Although family law is not the leading victim of departure from the EU (or Brexit), there will still be a great deal of uncertainty leading up to the formal Brexit while negotiations continue with the EU and this could take a number of years.

In a time of great uncertainty for couples divorcing, there will be even greater anxieties and fears that will arise. On a Get

In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a 'nuclear family' was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of 'family' did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may...show more content...

This historical definition was derived from the case of Hyde v Hyde and Woodmansee (1866) and denotes monogamous, heterosexual relationships; this restriction on the term 'marriage' has prevented the parliament from legislating in respect to de–facto and homosexual couples. However the Victorian Parliament has developed the Relationships Act 2008 (Vic) which recognises and registers the relationships between two people who aren't married irrespective of ones gender. In the year 2010 there where 50, 240 divorces granted in Australia alone . Under the Family Law Act (FLA) a divorce can not be filed within the first two years of the life of the marriage without court permission, unless a certificate is filed with the application. This certificate would state the two individuals have considered reconciling with a marriage counsellor or an appropriate officer of the family court. There are three main grounds for divorce, which are listed under sections 48 to 50 of the FLA; it is asked whether the 'consortium vitae', the life blood of the marriage has ended.

When a couple is divorcing there are many factors to be taken into consideration; such as, division of property and other assets and most importantly children. Since 2007 the Family relationship centre has been the first stop for family disputes, there are over 60 centres Get

Meta: Family law is the area of law that deals directly with issues impacting families. This can include cases involving matters such as divorce, adoption, and child abuse.

Family law is a broad field of legal practice that encompasses many different issues impacting family today. Some of the legal cases that will full under the jurisdiction of family law include: divorce, child support, adoption, custody arrangements, paternity, termination of parental rights, and child abuse and neglect.

What Is The Job of A Family Lawyer?

As with other area of law, the primary duty of a family lawyer will be to advise their clients of their legal rights and represent them in a court of laws. For many of those involved in a family law case, this will be one of the most stressful...show more content...

Sarah, a family law attorney, starts her day with return phone calls and emails from clients regarding matters such as disputes over child custody arrangements. Much of the rest of the morning is spent preparing to go to court for different hearings and motions scheduled for later in the day. She many also meet with a prospective or current client. After lunch, she then spends several hours in family court. Some of the hearings are short – ten minutes or less – both others can last an hour or two, or more.

What Kind of Employment Opportunities are there in Family Law?

Employment opportunities in family law are growing, in part because divorce rates have risen significantly in recent decades. There is also a fairly high turn–over rate in family law, as it can be an emotionally difficult legal field.

If you are interested in family law, you should take multiple family law courses in law school. After you have received your degree, there should be many opportunities available to intern at service organizations, such as those that offer pro bono legal advice and representation.

What Kind of Skills Are Necessary in Family

Family Law Reform

Law reform has been rather effective in catering to contemporary issues concerning family members in a equal and accessible way. Although, the effectiveness of law reform relating to family members has been slow to develop, the current quality of family law, which is guided by the means of the 1975 Family Law Act (FLA) has been affecting justice for family members. The effectiveness offamily law has changed a lot over time. The legislation that has been changed to ensure the effectiveness of the family law system includes the reform of the family laws Property (Relationships) Legislation Amendment Act 1999 (NSW), Family Provision Act 1982 (NSW) (now replaced by the Succession Act 2006 (NSW), Family Law Amendment (Shared Parental Responsibility)...show more content...

This change in law achieves justice for most same–sex couples, though there still are some couples who are negatively affected by this changing issue. The issue of shared parental responsibility is another issue that provides difficulty in achieving justice for the family law. There is a belief that equal shared parental responsibility is in the best interest of the child although this may not always be the case. An example of not achieving justice in this area is if a divorcing mother claims that her ex–husband is abusive and her husband should not gain any sort of custody of her children; if the mother does not have any evidence to back this up, her abusive ex–partner may gain custody of their children and the mother doesn't. This in itself is a huge injustice for the mother and her children. The contemporary issue of surrogacy and birth technologies has been a long and argumentative topic. Some people may argue that a woman bearing a child for another couple is a sacrifice of their body, while others view it as an unethical and damaging process for the child; saying that the child is denied their birth parents. The laws relating to surrogacy differ in many countries but most countries agree on commercial surrogacy, saying that it be illegal for a woman to be paid to give birth to someone else's child. The responsibility of the care and protection of children lies with the child's parents. The decisions regarding children may include the child's health, schooling, cultural upbringing and many other factors. The protection of the children becomes a problem when the parents of the children may not be able to provide adequate care and protection for their children, which is when the law will start to intervene in various

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"Society moves ahead and the law limps behind" Discuss this referring to contemporary issues in family Society's opinions are constantly, and rapidly changing, and consequently this poses significant challenges to the family law system in Australia. A family is a social unit containing individuals related by blood, marriage or other legally recognised relationships. Family law reforms have been implemented over the past three decades, entailing the recognition of same sex couples. Furthermore, a statutory presumption of shared parenting – as instigated by society's transitioning values – displays the changing nature of parental responsibility. Not only are society's views progressing, but surrogacy and birth technologies are...show more content...

Thus, the act can be unenforceable at times, as seen in the article, "Not so equal when it comes to super" (Star Observer, Lamont, Ani, 2008)

That said, the act enables the protection of individuals' rights to be free of discrimination on the basis of sexual preferences. Furthermore, it meets society's needs to see equality amongst same sex relationships, which is evident in a survey concluding 72% of Sydney residents are in favour of gay marriage. Law reform is considered proactive with relation to surrogacy and birth technologies, as methods of conception must be permitted before they are conducted. Surrogacy, which occurs when one woman agrees to fall pregnant and bear a child for a couple, is illegal in NSW when the woman is paid a fee or award, under the Assisted Reproductive Technology Act 2007 (NSW). Hence, surrogacy must be altruistic. Furthermore, the Surrogacy Act 2010 (NSW) now criminalises an international journey for commercial surrogacy. This suggests the law is successful in meeting society's needs for children not to be perceived as, "commodities." However, this logic is disputed; why would one pay for a "commodity," which will reap no financial gain? The only reason seems to be the personal reward of bonding with a child. Thus, the legislation can spawn

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Hammurabi's Code was JUST

Nearly 4000 years ago, a man named Hammurabi became King of Babylon. He ruled for 42 years. During that time, he became the ruler of much of Mesopotamia, which had an estimated population of 1,000,000 people. Hammurabi was no normal King, in his 38th year he made a set of 282 laws which he called a code, this code was the most complete set of laws any ruler of Mesopotamia had ever made. He had engraved these laws onto a stele. A stele is a clay tablet that has been written into by a sharpened reed. This writing form was called cuneiform. He created this code to bring order and fairness to all. There has been a debate over the years about whether his code is just or not. In my opinion,

Hammurabi's code was just because of its family law, its property law, and its personal injury law. Hammurabi's code was just becuase of it's family law. One reason is because there is proof that the Shamash, the god ofJustice gave him these laws. When archeologist first discovered the stele in which the code was written upon, they found that there was a carving at the top that was a picture of Shamash on his throne, feeding Hammurabi his ancient laws. Another reason is that Hammurabi himself said that he...show more content...

Shamash, the God of Justice also gave him these laws just as he did with the others. Hammurabi also had the same aim for these laws, for them to be fair to all. An example of him doing this is in document E, law 196. This law states that a man must lose his eye if he knocks the eye out of a free man. This law is an example of fairness, you should have to pay for what you take. Another example is also in document E, this law is law 215. Law 215 states that a surgeon will be payed 10 shekels of silver if that surgeon has saved another free man's life by operating with a bronze lancet. This is a great example of fairness and credit

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Greco-Roman Family Law

Subject:Special Studies in Law.

Co–ordinator:Dr. Tristian Taylor.

Student:Michael Patrick Dunne. Student Number:202119999.

Word Count:2039 Words excluding Bibliography and footnotes.

Assignment Due:11th of January, 2016.

Family law acts as one of the major categories in the Roman law that has been acknowledged since the ancient times. These laws provided guidelines on how families should be run, the responsibilities of parents to their children, handling of heirs among other aspects of family life. This paper will focus on the three categories of family law since the ancient roman families. The categories include adoption laws in the ancient Rome, marriage and pater familias. These three categories provide the...show more content...

The ancient Roman law allowed only monogamous marriage institutions where a roman citizen could have only one spouse at a time. Historians have put forward claims that the Greco–Roman Monogamous marriages must have been cultivated by the egalitarianism of the republican as well as the democratic political systems in the cities . The family law embraced the ancient roman culture which was built on the belief of the early Christianity. The law perpetuated this belief as the ideal culture in the Western Europe countries in the later age. The family laws allowed marriage to have a mythical precedent where Sabine women could be abducted and taken in marriage by their future husbands . This bride abduction custom was considered as archaic though it was supported in the then family laws. This was so because the Sabine women could not willingly accept to marry men from immigrant or rather lower social classes . These men were therefore allowed to by the legal framework to abduct these Sabine women on the condition that they would give them an honorable marriage. The abducted women were promised by the provisions of the family law to enjoy a number of benefits which included citizenship, property and children. The three elements

provided for in the family law seemed to define the purposes pf marriage in the ancient Get more content

Civil Courts prefer to remain impartial towards parental religious beliefs and practices when determining what is in the best interest of a child. Yet, case law makes it clear that the religious practices of the parents and the proposed course of religious education may become relevant factors for the court to consider in determining custody or visitation. Recent statistics indicate that the divorce rate in the United States has reached fifty percent and shows no sign of decline. Polls show that Americans are become more religious and that bi–religious marriages are on the rise. When the parent informs the attorney that the opposing party will attempt to use his or her religious beliefs, practices, or...show more content... The mediator's job is to help the spouses negotiate an agreement that each of them considers fair enough to accept. By personally participating in the creation of their own agreement, couples in divorce mediation maximize their control over the dissolution of their marriage. This reduces the probability of post–divorce disputes and increases the likelihood of post–divorce compliance. Moreover, the stress and anxiety associated with separation and divorce, particularly for children, can be reduced. Participation in mediation assists parents in affirming their affection and concern for the children and can reduce the normal fears and anxieties of children concerning the "loss" of one parent. Research indicates that the successful adjustment of children following separation and divorce is directly related to the level of cooperation between parents and their continued involvement in the lives of their children. Mediation encourages participants to see themselves and each other as capable parents with a continuing responsibility to plan together for the future of their children as they negotiate a solution that is satisfactory to both parents by not just looking at a fixed pie but creating solutions that are beneficial to both parties by expanding the pie especially concerning issues concerning religion.

Negotiation can be defined as a communications process used to put deals together and to