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Family Law - Essay Example

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Family Law July 30, 2012 Family Law focuses on the children’s and the spouse’s welfare. The research delves into the family law provisions on divorce. The research includes inheritance issues. Family Law guides family reconciliation issues…
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Download file to see previous pages U.K.’s family section 8(1) of the Children Act 1989 states that the children must live 50 percent of the growing up with one parent1. Consequently, the children will live the remaining 50 percent of their children years with the other spouse. The essence of the shared residence rule prevents the issue that one parent is better than the other parent. This was the ruling in the D v D (Shared Residence Order case) 2001 1 Flr 4952. The shared residence complies with section 1 of the Children Act of 1989. The section emphasises that the children’s welfare is paramount compared over the welfare of either of the parents. Each parent has equal time rights and decision rights to the development of the children. The Children’s Act of 1989 is grounded on the Law Commission 1986 Working Paper no. 96. The law ensures that both parents are not denied their right to make equal decisions on the children’s schooling, abode, and other related family decisions3. Children’s Minister Tim Loughton stated that the state had the duty to ensure the fathers are not eliminated from the child development equation. The fathers have the right have the children live with the father on equal basis, removing the issue of discrimination. In fact, Mr. Loughton stated that the move was to reverse the current United Kingdom scene where children were not given their right to personally feel their fathers’ love, affection, and caresses. ...
Consequently, most of the children were refused their right to share time with their fathers. The judge referred to the case T v T judgment stating that court should bring the greatest benefits of the children. The court should never prevent dividing the children’s rights and the father’s right to have 50 percent of the children’s time say with the father4. In terms of case law, A v B Anor [2012] EWCA Civ 285 (14 March 2012) states the court of appeals granted the father’s request to contact his child. The child was living with the spouse’s divorced wife. The wife was a lesbian5. The case states the decision is based on what is best for the children’s interest. The child’s interest includes the child’s need for the father to contribute to the child’s nurturing. The father complainant complies with all the legal requirements of a father role. Consequently, the father prays that the court grant his right to be with his child. The court decision states that the father should be granted his right to implement his father image. Specifically, the court can enhance his father –children relationship. The relationship includes providing for the food, clothing, shelter, school, medical, and other real life father responsibilities. By filing a complaint with the court, the court interprets the father’s complaint is convincing proof that the father is serious in his desire to fulfil his right to act as the child’s father. Eric must not get in the way of preventing the father’s right to have the children live with the parent. In the same way, Eric should not prevent the children’s right to stay with the father. By forcing Belinda to North of England, Eric can be charged for preventing the “stay with child” right of both the ...Download file to see next pagesRead More
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