Regulating Marriage and Cohabitation - Assignment Example

The question of if all fathers should be given parental responsibity automatically by the Law is one that begsanswers. This paper seeks to present an argument as to why its does make sense to do so. This especially affects the unmarried fathers. The current situation is such that all mothers and married fathers have automatic parental responsibility. The unmarried fathers do not and it is upon them to acquire parental responsibility (Townsend and Baker 1998) They can do this by coming to an agreement with the mother, through a court order, residence order on the child, by marrying the mother, getting a parental responsibility order or by being appointed guardian when mother dies. Denying the father automatic parental responsibility means until he has secured the same, he has no say on his child in the event of an adoption proposal, incase the child is to be removed from the country, in changing the baby's name or id deciding to take them out of local authority accommodation (Rossini 1998). This is quite unfair to the father. As it stands, the law can be said to be wanting for various reasons. The number of births outside marriage continues to grow as a fraction of the total number of births. In 1996, the Lord Chancellor's department figures showed that 35.8% of births on UK were outside marriage, of which 58% indicated both parents living together (Townsend and Baker 1998). This shows an active continued participation of the father in the life of both the mother and the child. As well it is a clear indication of a significant number of mothers holding no reservations to the fathers' participation in their lives, prescribing that of their children (Anne and Probert 2004). Two principal means by which fathers acquire parental responsibility are parental responsibility agreement with the mother,( and registering it with the principle registrar of the family division), and parental responsibility orders. Looking at both, the figures show that a very small percentage of the parents has pursued these means. In 1996, despite registering 232,663 births outside of marriage, only 5,587 parental responsibility orders were given by the courts and a meager 3,000 parental responsibility agreements were registered. This is not necessarily a show of lack of concern on the unmarried fathers part. Instead, it brings to light the common assumption that living together outside of marriage grants one common rights before the law. The long judicial processes are in any case, not ideal for anyone. Granting automatic parental rights would go along way in ensuring that these fathers do not have to worry about the long judicial processes but take up their roles as they ought as early as possible. Otherwise, they might continue to avoid the imagined or real humiliation and intimidation in the court or getting an attorney to help them in the signing of the agreement (Lewi Gatvitz and Clarke). Without a doubt, generally categorizing all unmarried fathers as irresponsible or as being of questionable character as the law currently does, as deceptive a heuristic as it is dangerous. It is deceptive because unmarried fathers are just a small representation of what the society is. If we pick married fathers or unmarried mothers or married mothers as other representations of the society, then we will find that there are also men or women who conduct themselves poorly within them. Marital status does not automatically mean a certain character, good or bad (Townsend and Baker 1998). The law should be the first to reflect this reality. If this was the attitude in law then automatic parental responsibility would smell closer for the unmarried fathers (Townsend and Baker 1998). The discrimination due to marital status would end too. Fathers have both a practical and a symbolic significance to the lives of children. To enable them be more effective fathers, the law should seem to acknowledge the importance of the father-child bond. By denying unmarried fathers parental responsibility, they are also denied the right to give consent to adoption, to the change of the child's surname, to being taken out of the country, or being taken out of a local authority accommodation. The child interprets giving such consents as being a person with a crucial role in their lives. That is why granting parental responsibility rights would help the child connect to an important person in their lives and appreciate his significance; a role the law could help. Being part of a person's (child's) marks of life, that are important as that, gives the father an attachment to the children. Additionally, the children Act 1989 and the child support Act of 1991 are two related but disjointed Acts. The Children's Act denies unmarried fathers parental responsibility but the law does not excuse him of the responsibility child maintenance. This discord of sorts could be addressed by allowing automatic parental responsibility to unmarried fathers. This will serve both the good of the law as well as good of the citizenry. Now that unmarried fathers who appear on the child's birth certificate are granted parental responsibility the same should be extended to all unmarried fathers. While granting unmarried fathers parental responsibility is not intended on reducing the emphasis on the institution of marriage, the government could encourage marriage by allowing tax exemptions or other monetary considerations for married couples. So far, if these laws (as concerns parental responsibility) were meant to encourage marriage then, it has been outstandly clear that success has not been achieved. (Anne and Probert 2004) Again, to take care of parents who do not act in good conduct, the law should reserve the right to withhold or redeem parental responsibility, (despite the parents marital status), until such a time as one where the authorities are satisfied that the person in question is fit enough to be granted their rights (Lewis Getuits and Clarke 2000). Even if considering affirmative action alone, it would be necessary to ensure that if unmarried mothers have this right, unmarried fathers too get the same. For a long time married fathers have been secluded. Discussions to address this one very important aspect of their lives, their children, have not been addressed conclusively. The only way to reach this objective is to answer the question, whether automatic parental responsibility should be granted to all fathers including them. In answering this question, the law needs to do so in the affirmative; for yes indeed it is necessary to grant the right. References Anne Barlow, Rebecca Probert (2004) Regulating Marriage and Cohabitation: Changing Family Values and Policies in Europe and North America-An Introductory Critique Law & Policy Volume 26 Issue 1 Page 1 -11 (January 2004) Child support act 1991. www.opsi.gov.uk/ACTS/acts1991/ Children's act 1989. www.opsi.gov.uk/acts/acts1989/ Christine Rossini. 1998. English As a Legal Language. Martinus Nijhoff Publishers. pp 91-94 Gail Lewis, Sharon Gewirtz, John Clarke, Open University. 2000. Rethinking Social Policy. Sage publications pp 78-90, 111-120 P. Townsend and A. Baker. (1998). Unmarried Fathers - Are we ending Discrimination at Last . Justice o87f the Peace. March 1998. Vol. 162. . No. 13 . Read More