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HSC Legal Studies: Family Law Essay


❶She is not at all happy.

Family law essay as the college thesis

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There is no distinction between contraception — with which Gillick began the debate — and other medical treatment. Sterilisation appears to fall somewhere between the two as there is academic disagreement as to whether this is contraception or other invasive treatment. While in theory a mature minor can refuse medical treatment there are no cases in which such a child has been allowed to do so, although there are cases of severely damaged babies to die rather than to continue to suffer — these being clearly too young to participate in the decision.

Some useful academic commentary: Thomas and Marina have been living together for 12 years. They have 2 daughters, Anna aged 11, and Rosina, aged 9. Thomas has moved out of the family home as the relationship has not been going well for some time and now has a flat a few miles away. He works part time and shares the care of the children with Marina who works very long hours in a lower paid job and has also taken over the mortgage of the family home where she and the 2 daughters have remained.

Both sets of grandparents help with child care as both are locally resident, retired and with large houses where there is space for the children. Thomas has commenced proceedings for a residence order as he is not happy for the children to be shuttled around as much as they are.

The grandparents are each anxious to take a child though neither really wants both: Marina is prepared to have a shared residence order with Thomas if he really wants one but is not willing for the existing arrangements to change in any way.

Both sets of grandparents feel that the child whom they care for some days each week would benefit from being with them all the time. Advise Thomas who says he will move to a bigger flat if necessary and that the present arrangements are chaotic and unsettling for his children. How is this situation likely to be affected by the CAFA approach to shared parenting? Any existing residence or contact order, or application for the same, was automatically converted into a CAO, or application for one, on 22 April , by the transitional regulations when the new unified Family Court opened for business on that date.

The children needed to be kept together , which they wanted, and the parents lived sufficiently close to facilitate such an arrangement.

In such situations there is no need for contact orders which would be contradictory if residence is shared and has obviously been found to be appropriate in many such cases. There are strong indications that the present situation should stay as it is unless there is some compelling reason to change it and unless the judge thinks that it would be better for Thomas to have the children based with him with the same generous contact to their mother as he has enjoyed to date, because the situation is deteriorating further.

Should they suddenly all manage to settle out of court, any mediated agreement could be turned into a CAO by consent provided that is better than no order being made: Barbara decided to go anyway as she had realised that her parents were ageing and everyone but Anatole had been looking forward to the trip. Once there, she decided not to return as the weather even in the Southern hemisphere their winter was so much better than England, her parents were so pleased to see the children and were proving such good grandparents despite their age.

Upon reflection she realised that Anatole had become very unpleasant over the past 5 years when parts had been thin, his career had not gone well and he had been very bad tempered, introspective, intolerable to live with and even dismissive and sometimes overtly aggressive to the children.

In September when school term was about to begin in England she notified Anatole that she would not be returning, and received in response a furious letter abusing her for going at all instead of remaining in London to support him in his summer season in the West End theatre.

Anatole has now taken out Hague Convention proceedings which Barbara is fiercely defending on the basis that the children have now settled in Australia, started school there and made new friends. He has even taken up serious sport which he would never do in England where he disliked going out in the cold to play rugger. Defences to summary return: Matthew and Wendy have two children aged 5 and 3. The family are very short of money as both parents are out of work and struggling to pay their council flat rent.

His teacher has noted bruises on his legs. There is a similar report from the nursery playgroup which the younger child attends. Social workers have been to the house but although they think the parents are there, no one now answers the door and previously they were refused entry when they asked to see the children.

Advise the local authority what steps it can take to assist this family and both short term and long term to protect the children. Local authority obligations to the family and duties to protect the children: These set out in Part III, CA , ss , they must provide support and services to facilitate the children in need living in their family home if possible. They have similar duties under Parts IV and V to protect children from harm defined in s 31 whether by overt abuse or neglect.

It certainly does make a difference whether the parents are deliberately neglecting the children, in that case the authority can proceed immediately to Parts IV and V without wasting further time on Part III. Child protection under Parts IV and V: For being excluded from the home and denied access to the children: Child Assessment Order s If more serious, and evidence that there is something seriously wrong: Emergency Protection Order ss 44 and If found to be entirely justified an interim care order could follow on expiry of the EPO, and then a full care order, in which a care plan will be required which may recommend adoption if the children cannot be rehabilitated with the family.

The care order will have the effect set out in s The care plan is still required despite the FJR recommendation that consideration of it should be speeded up in order to meet where possible the goal of completing cases within 6 months unless over complicated. Critically appraise the new DWP Child Support Agency system and its potential for eradicating the bad name the agency previously earned for incompetence, ineffectiveness and inefficiency.

To what extent is self help in child maintenance now encouraged? New DWP website, http: The Child Maintenance Commission was abolished in August The Act began to come into force from October and has been progressively operational under it since December It is thought that it will take 3 years fully to switch over to the new CMS.

Old cases will continue under the CSA banner until full switchover and the new CMS will operate alongside for new cases. The website says that the staff will inform applicants which system will apply to their cases. Otherwise applicants can use the website calculator to estimate likely levels of maintenance and make private agreements at no charge.

Private agreements are now actively encouraged. Potential for improvement over the previous systems: It is also a pity that there are apparently no plans to amend s 4 10 aa where in the case of private agreements the parents wish that agreement to last more than one year before having to be remade.

The charging provisions are now in place although there has been criticism that the money collected for these charges could have been better used towards supporting the children concerned. There is as yet no indication of whether any change in the implementation of the charges, either as to intention to make them, or as to amount.

Charlene is a single mother with two children, Jack, aged 4, and Jill, aged 3, who have two different fathers. Charlene herself used to be a drug abuser but has now apparently given that up although she is not the most capable mother and struggles with ill health, during which care of her children is often left to the local authority which provides fostering each time she goes to hospital.

She now has a new boyfriend, Barry, who has a murky past it is thought he first knew Charlene in her drug days but appears to be supporting her in practical terms. Unfortunately Charlene is now much more seriously ill than before, has been diagnosed with a fast developing cancer and has once again gone into hospital, this time with a poor prognosis for recovery. This time the local authority Social Services think that they have done all they can pursuant to their obligations under Part III of the Children Act and that they need urgently to obtain parental responsibility as they are not happy for Barry to care for the children even on an interim basis.

They are also concerned that a man claiming to be the father of Jill has reappeared and is demanding to take her to live with him. PR for the children: Charlene is a single mother, she has PR, the fathers and Barry do not, though they could probably get it in time.

CA s If the authority wants a care order it must satisfy s 31, stage 1, are the children suffering or likely to suffer harm if they do not act?

Stage 2 is the order for their welfare. The Court will require a care plan but do not have to scrutinise more than the immediately significant parts although the authority will still have to include an exit plan and that may be adoption in this case. However there has been much criticism of weak reasons given in judgments for allowing adoptions and current court decisions are looking much more closely at this: Essay and Problem Questions Introduction For examination practice you should be able to answer these essay or problem questions in no more than 45 minutes per question — in some examinations you have less time per question, so you might have to write even more quickly in the actual examination.

Practice Questions Chapters 2 and 3 - Marriage and Nullity Nadia is 17 and has always wanted to go to university, preferably away from the Midlands where her family lives. Chapters 4 and 5 - Divorce William and Suzette married after a whirlwind courtship two years ago.

Chapters 6 and 7 — Financial Provision on Decree Harold and Winifred have been married for nearly 20 years and have together built up a substantial business in educational publishing. Lambert v Lambert Henry may claim to have made a stellar contribution: Chapter 8 - Civil Partnership 1. The Burden sisters could not qualify for civil partnership as they were within the table of kindred and affinity on which civil partnership is based in the same way as marriage — also illogical since no sexual relationship required for registered civil partnership, CPA contains no adultery as a Fact evidencing irretrievable breakdown, CPA contains no ground of venereal disease or pregnancy per alium as ground for nullity Why can opposite sex couples not therefore enter into civil partnerships?

Chapter 9 - Cohabitation Martin and Wendy have been living together for 12 years and have a daughter, Doreen, aged 11 and a son, Simon, aged Chapter 10 - Financial Support Without Decree Ali and Sunita have been married for 5 years and have 2 children aged 4 and 2. Its main aim is to protect each member of a family, whether that family is nuclear, de facto, single parent, Aboriginal or Torres Strait Islander or blended in nature, as family is the foundation of society.

Although this argument is not true in all circumstances, it is a prominent issue which legislators face, as they are the ones who are required to ensure that the law is reflective of contemporary values. The legal recognition of same-sex relationships in Australia has evolved dramatically since the s to a point where most jurisdictions provide same-sex couples with the same rights and obligations as heterosexual de facto couples.

Demographically, Australia is continuously developing into a more secular society, resulting in the waning influence of the Christian Church on the political front. Furthermore, the refusal to enact the Same-Sex Marriage Bill which was introduced by the Greens in means that Australia is not responding to its international obligations.

As a signatory to the ICCPR, it is the duty of law makers to ensure that all aspects of this covenant are adequately enshrined in domestic law in order for it to be recognised in Australia. Supporters for marriage equality argue that in an increasingly agnostic society, marriage is less about religion and more about the legal protection it affords, meaning that Australia is not responding to its international duties.

Opponents, however, argue that the covenant is not legally binding on Australia; therefore there is no need to enshrine marriage equality into law. This exemplifies the idea that while international covenants highlight international perceptions of equality and fairness; they are ineffective ensuring that all rights of individuals are upheld in the law of its signatory nations.

This is because signatory nations may choose not to implement all terms of the covenant into their domestic law. Technology has and continues to evolve at an exponential rate; however laws governing the use of such technologies in some areas are failing to keep pace.

This is apparent in the area of surrogacy and birth technologies, as developments in technology which have allowed for women who are unable to conceive to start a family have not been legalised since their development. Commercial surrogacy is illegal in NSW under the Assisted Reproductive Technology Act , and it is illegal under the Surrogacy Act to partake in surrogacy overseas.

Others have embraced this technology, claiming that it allows desperate would-be mothers and homosexual couples a second chance at having children. Altruistic surrogacy, unlike commercial surrogacy, involves no monetary payment or financial gain to be made available to the gestational carrier and therefore ensures that women do not exploit their bodies in this manner for financial assistance.

Altruistic surrogacy is legalised in NSW under the Surrogacy Act to accommodate the views in society which believe that this technology is beneficial for women in the community who are unable to conceive.

Furthermore, the Adoption Amendment Same-Sex Couples Bill , which was passed in the NSW parliament in , has made it easier for homosexual people to start a family through employing a surrogate, as both parties can apply to adopt the child of the biological parent. Furthermore, this demonstrates that the law is trying to keep up with evolving societal values in an ever changing world.

Although this convention has not been fully recognised in Australia through legislation, state legislation such as the Children and Young Persons Care and Protection Act and the Children Protection and Parental Responsibility Act have been enacted in the best interests of the child and in accordance with this convention.

Under this legislation, NSW police have the power to take children home if they are at risk of becoming involved in anti-social behaviour, thus upholding the view that the child is of paramount concern. This emphasises the responsibility of parents to their children, as it allows the parents to teach their children morals and values and gives the responsible parents an opportunity to address problems before they escalate. On a federal level, the Family Law Amendment Shared Parental Responsibility Act Cth was enacted; allowing for a greater emphasis on shared parental contact and parental responsibility in broken families.

The obligation to take responsibility for the care and financial support of a child is considered to be one that should be met by both parents, and this legislation codifies this belief into law.

The effectiveness of this legislation, however, can be adversely affected when a parent manifestly fails in their responsibility to their children whilst the child is under their care, as there is a high cost associated with running government bodies designed to handle such cases. For example, in the case of Kiesha Abrahams, the Department of Community Services DOCS had been informed several times of the danger that this child was in under the care of her mother and step-father, however, due to DOCS being under-resourced, they failed to act resulting in her brutal murder.

People supporting the ideology that marriage is an outdated institution substantiate their assertion by the decreasing number of successful marriages and the increasing number of divorces, showing a trust deficit between the members of families in which marriages have taken place.

The modern world has also seen a large number of people being in live-in relationships so as to avoid the implications legal or otherwise and hassles of a marriage…. Read more in the complete solution PDF document at the end of this page. Issue of the case: In , the family division court in the UK decided the case of L v P [] EWHC Fam which was a landmark judgment as regards the legal disputes questioning the validity of the consent of a minor.

Multiple hearings on the matter took place and eventually the case was transferred to the High Court where it went before Mr. Justice Hedley, showing that the case was of grave importance. In the case of L v P, the issue at hand was whether it was legal to require a 15 year old girl a minor as per the laws to give her DNA test in order to determine whether the person in question was indeed her father. What had to be considered in the context of this case, was whether going ahead with the DNA test or not, would promote the welfare of the child in question or do the opposite.

Additionally, the court had to consider whether the child refusing to give consent for the DNA test was of sound understanding as to judge her own welfare…. However, in practice, what has been observed from the various decrees and orders passed by the courts is that the courts have, even in trying to give due regard to the considerations of the children first, failed to pay adequate importance to the needs of the children.

This is consequential to the fact that the construction of the article pertaining to the welfare test is lacking, thereby giving the Judge ample opportunity to disregard adequate considerations of children so long as he places the considerations, whatsoever he may regard them to be, first in terms of priority.

Therefore, regardless of what amendments may be brought to Section 1 of the aforementioned act, so long as there is no overhaul in its essential construction, it will not make a difference to how parental disputes over children are resolved…. In this divorce proceeding, the important ingredients would be the rights of the children involved, the rights of the parties to the marriage that is Margot and Frank, the rights of the parties to the marriage and the children with respect to the house, the car and the private pension scheme.

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Family Law Essays. The selection of family law essays below have been submitted to us by students in order to help you with your studies. Please remember to reference if you wish to cite any of these essays in your own work.

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Free Family Law Essays. Samantha and Gordon have been married for four years. Daniel and James, twins presently aged 13, live with them. They are Samantha's sons from a previous relationship.

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Family Law Essay. Family and Child Law /13 The Protection of the Family under International Law Introduction The purpose of these lectures is to outline and consider how International Law promotes and protects the right to family life and, in particular, the rights of children. Legal Studies: Family Law Essay Criteria: Non-specific • Integrates relevant examples such as legislation, cases, media, international instruments and documents • Presents a sustained, logical and cohesive answer using relevant legal terminology and concepts Criteria: Specific.

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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. Family law is the body of law pertaining to marriage and matrimonial issues. Its main aim is to protect each member of a family, whether that family is nuclear, de-facto, single parent, Aboriginal or Torres Strait Islander or blended in nature, as family is the foundation of society.