CHECK THESE SAMPLES OF The Separation of Court and Hearing: the Childs Welfare
It has been accepted that the present court system in England and Wales for dealing with contact disputes have serious limitations.
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Studies have proved that the most important factor involved in separation of parents is for them to prepare the children for the change that is due.... The mother who extents her cooperation and support not only benefits the welfare of her child but also facilitates better relationship between the father and the child (Dunn, 2004: 662)....
7 Pages
(1750 words)
Essay
The family Court system is based upon adversarial rules of litigation, and acrimonious divorce proceedings can often place the parents as bitter opponents in the Courts and cause child custody hearing to become scenes of power struggles.... The family Courts have been ineffective in enforcing court ordered access to fathers, since they are reluctant to separate the children from their mothers and there is a lack of availability of middle ranking punishments and incentives to ensure cooperation from mothers – even when punitive fines and prison terms exist for breaching of contact orders, they may not be imposed in view of the danger of adverse consequential effect upon the child....
15 Pages
(3750 words)
Essay
The paper describes an innovative Pilot Project of the Family court of Western Australia.... court Officials and Counselling Service Staff of the court gained new insights and skills in these very complex scenarios of family break-ups and litigation.... The need to liase more closely with internal as well as outside service providers, such as counsellors, social workers, psychologists, and other experts, brought a greater feeling of common purpose and it was soon clear that a potential model of an integrated family court system was beginning to emerge....
8 Pages
(2000 words)
Essay
Although the courts are supposed to consider the welfare of the child as paramount1 when making decisions as to residence orders2, contact orders3 and parental responsibility4, in many ways mothers are given preferential treatment to fathers.... The acquisition of parental responsibility entitles the father to the right of consultation with regard to any decisions that are to be taken in respect of the welfare of the child7.... In cases were the mother is incapable of caring for the child a father with parental responsibility can apply to the courts for a residence order whereby the court can insist on the child residing with the father8....
8 Pages
(2000 words)
Essay
These principles include, the fact that a childs welfare is paramount and that it comes first.... Further, the childs demands and feelings should be taken into consideration.... Consequently, where there are conflicting rights and interests, the court shall balance those interests and prioritising the childs rights and interests.... In general, there are various types of court orders that are available in the UK; a single court order, or a number of them, depending on what the couples have been unable to agree on1....
4 Pages
(1000 words)
Essay
nbsp; Any arrangements contemplated in advance of the hearings will be guided by the welfare principle (Sendall, 238).... The welfare principle is established by Section 1 of the Children Act 1989 and imposes a duty on local authorities and the courts to place the welfare of the child first and foremost in any proceedings involving a child's “upbringing” or involving child maintenance of property matters (Children Act 1989, Section 1(1))....
12 Pages
(3000 words)
Essay
nbsp; The Children Act 1989 (CA) was implemented in 1991 to revolutionize proceedings regarding the welfare of children in England and Wales.... nbsp;… Hale LJ asserted the importance of parents being made aware of the case that they were required to answer by the date of the hearing and approved the practice of requiring the local authority to make a clear statement of facts prior to the final hearing of the basis on which it alleged the threshold was crossed....
10 Pages
(2500 words)
Assignment
nbsp;Whenever a decree of divorce, nullity or judicial separation is made, the High court and county court can redistribute the capital, assets, and income of the spouses.... As a result, the state may pursue a husband to make income support payments to the wife, which have been granted to her after her application for welfare.... nbsp;It was also held that the court while hearing such cases, should aim at reaching an equitable outcome.... In the event of failure to maintain a spouse, proceedings could be initiated before the family proceedings court for grant of a financial provision order....
8 Pages
(2000 words)
Essay