StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Family Law: Parents and children - Essay Example

Comments (0) Cite this document
Summary
Traditionally the debate revolving around children rights centre on the friction that exists amongst concerns over children welfare on one hand and worries over crossing legal borders and encroaching over issues related to family privacy and rights of parents. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.5% of users find it useful
Family Law: Parents and children
Read TextPreview

Extract of sample "Family Law: Parents and children"

Download file to see previous pages The very notion of child welfare (where besides close family members’ a third party is involved) and rights for children where they are allowed to take decisions for matters directly concerning themselves is a revolutionary theory that though conceptualised during the 1970s1 was not given a legal sanction until the 1980s. The welfare rights of a child was almost unheard of in UK (and rest of the world) until the middle of the 19th century, and maintaining family privacy and supreme authority of the parents were given greater prominence. In the latter half of the nineteenth century, social activists started various initiatives that aimed at highlighting children welfare.2 These initiatives formed to be the groundwork for the present form of welfare state that accorded protection to children rights as per the provisions outlined within United Nations Convention for child rights and the ECHR. Owing to the growing number of divorces, there has been increasing number of debates between women’s rights activists and father’s rights bodies, where both groups have claimed that a child’s welfare is best compatible with their position only. This has led to the children being treated sometimes as rightful property of their fathers, while sometimes mother’s care is seen as an essential ingredient for the child.3 Until 19th century the fathers received child custodies in case of divorce or separation, however, starting from the early 20th century some states in US shifted towards favouring mothers, in cases pertaining to child access and custody.4 Thus, we find that children traditionally are viewed as rightful possessions of either one of their parents.5 It was for this reason the concept of ‘best interests of the child’ was created, where the courts determined various issues associated with a child’s well-being, in cases of separation or divorces, where both the parents tend to claim the child as their own and for its safekeeping. Recently with growing complaints regarding ambivalence in the nature and standard of the legal statute for best interests of the child,6 a new theory has been conceptualised where it has been derived that a child’s welfare as a different matter separate from (with some links to) parental rights. Presently in most of the developed nations (as in, UK, US and Australia), a new legal provision associated with responsibilty for parents, is slowly being introduced into the arena of family law. Here the most significant issue on child welfare is related to the question on the position and state of a child, after the parents separate or divorce. In this context, this article examines the contentious issue of child custody and shared parenting, and will derive that a child’s welfare is of primary concern and must be addressed even before the rights of parents are ascertained. It will support the recommendation put forth in the 2011 Justice Review that no legislation should be created that may lead to an assumption that parental right translates to equal or shared time parenting for both the partners during a separation or divorce. It will derive that each case must be reviewed separately before a ruling is passed, even though there are no doubts regarding the benefits of joint or shared custody. Discussion In last few decades, there has been growing interest in the concept of shared parenting, where couples who are divorced or are separated and no longer wish to live together, yet want to devote some time towards their children. This shared parenting or shared time varies from what is what is legally viewed as shared responsibility towards the child, and is in addition to the latter. Recently there have been recommendations and demands ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Family Law: Parents and children Essay Example | Topics and Well Written Essays - 2750 words”, n.d.)
Retrieved from https://studentshare.org/law/1395570-family-law-parents-and-children
(Family Law: Parents and Children Essay Example | Topics and Well Written Essays - 2750 Words)
https://studentshare.org/law/1395570-family-law-parents-and-children.
“Family Law: Parents and Children Essay Example | Topics and Well Written Essays - 2750 Words”, n.d. https://studentshare.org/law/1395570-family-law-parents-and-children.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Family Law: Parents and children

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages(2500 words)Case Study

Children and Young People's Reflections on an Education

The reforms have to be brought from the top side of a nation, whereby the government needs to take bold steps to promote it no matter how hard it is on their budgets. Similarly, child development is a very significant aspect in the times of today. There is immense importance which is given to this subject. (Nespor, 1997) The basis is backed up with sufficient data and research which goes a long in establishing the fact that child development indeed owes a lot of attributes on the part of the people who are related to the child – the parents and/or its guardians. The aspects of love and training at the same time holds true for their balance bringing up the regime and this without a shadow of a doubt is a significant thing to...
6 Pages(1500 words)Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Malnutrition: A Long Standing Problem among Children

Poverty majorly affects young children and it makes infants very prone to being malnourished. In Africa the situation is probably the worst when compared with any other continent, poverty has completely overshadowed the development of the people there and several young children die because of malnourishment. People who cannot afford even one square meal a day are the ones who are predominantly affected by malnourishment.

 Nutrition is pivotal for growth and progression of normal life and also a disease-free life. It is imperative for everybody and much more important in the case of children and infants because they are in their maximum growth stage. Malnutrition at this stage can have serious repercussions for the...
10 Pages(2500 words)Coursework

Evaluation of Children with Visual Impairment between Ages 4-12

A visually impaired child may suffer from incomplete sight, reduced vision, total blindness as well as legal sightlessness (Kelley and Gale p 45). It is a condition that may become severe in a child, thereby affecting its growth and development. The impact is usually dependent on the kind of loss, age at which it occurs, as well as the general body functioning of the child. The normal interest that is usually evident amongst children on seeing attractive items in their surroundings lacks in a visually impaired child. This may interfere with the child’s learning capabilities unless he/she is assisted to learn. The development of social behavior in children usually depends on the ability to see parents or those in charge of ca...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Family Law: Parents and children for FREE!

Contact Us