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Family Law...? Family Law July 30, 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. QUESTION ONE: Legal position in this case. Alan is correct. The shared residence order states that both parents have equal rights for their children. Alan has the right to have his children live with him equally with his wife’s right for the children to live with her. U.K.’s family section 8(1) of the Children Act 1989 states that the...
12 Pages(3000 words)Essay
Family Law...243. An issue arises when the individual possessing the CPA license is an employee of a firm and not the owner or partner. In that situation the prospective earnings are valued as are any other wages. The professional license itself would not have separate value. However, if the license was acquired during the marriage to the other partner’s detriment, the court would likely seek to equalize the benefit accrued to the licensed partner. The court has adopted the rules pertaining to the dissolution of business partnership to apply to the division and distribution of property in divorce cases. See Gussin v. Gussin, 73 Haw. 470, 483–84, 836 P.2d 484, 481 (1992). “Under general partnership law, each partner is entitled to be...
2 Pages(500 words)Essay
Family Law...?Family Law Introduction It is would be a tragedy both to a family and the child in an instance where a child is removed from a parent basing on a wrong allegation or finding. Likewise, no less a tragedy result, if a child is not removed from a parent and then suffers serious harm or even death. In an effort to strike a balance in child protection, the interpretation of jurisprudence in section 31 of the 1989 children Act has ensued a number of attempts by the courts to make viable interpretations for purposes of child protection in a approach that is compatible with human right principles as well as the rule of law that informed the drafting of the statute1. A case in...
10 Pages(2500 words)Essay
Family Law...and procedures towards achieving a fair outcome for the parties.
Ancillary Relief – Overview of Law and Changes
Ancillary relief – the apportioning of financial assets and income of the parties to the marriage– remains one of the major issues to be resolved on divorce. The basic law and judicial considerations for ancillary relief are contained in Part II of the Matrimonial Causes Act (MCA) 1973, amended by the Matrimonial and Family Proceedings Act 1984 imposing a ‘clean break’ obligation on the courts. Statutory improvements have been impacted the provisions, a review of which shall be endeavoured.
Statutory Provisions
The 1973 Act provided courts with the power award maintenance...
10 Pages(2500 words)Essay
Family law...of children.
Bibliography
* Government report titled: “Parental Separation; Childrens Needs and Parents Responsibilities” (2004) CM6273
* Mitchell, John DJ, 2004. “Benchmarks: homing in on shared residence” Law Society Gazette, 101.38(30)
* News Report (2005). Bob Geldorf now at the forefront of the campaign for father’s rights. Family Justice. The Independent. [Online] Available at: http://www.parents4protest.co.uk/_private/independent_news_geldof_electoral_battleground.htm
* Rivers, Jill, 2006. “Legal update: Family Law” Law Society gazette, 103.12(27)
Legislation:
* Children Act of 1989 (c.41) [Online]...
6 Pages(1500 words)Essay
FAMILY LAW...this clarifies things for you and I await your instructions in the matter.
Thanking you,
Solicitor.
Bibliography
Douglas, Gillian, 2005 “Introduction to Family Law”(2nd edn) Oxford University Press
Herring, Jonathan, 2004. “Family Law” Longman
http://www.lawpack.co.uk/who_gets_the_children.asp
Legislation cited:
Births and deaths registration Act of 1953
Children Act of 1989
Child Support Act of 1991
Family Law Act of 1956
Family Law Act of 1995
Family Law (Divorce) Act of 1996
Matrimonial Causes Act of 1973
Cases cited:
Browne v Pritchard (1975) 3 All ER...
10 Pages(2500 words)Essay
FAMILY LAW...of the of the of the Domestic Violence Domestic violence is defined as coercive behaviour, in which one person abuses another physically, sexually and psychologically, in order to obtain control. Such abuse transpires in the family home, with the occasional involvement of the children1. These offenders could be family members, roommates or partners. In criminal law it is viewed as an act of knowingly causing or attempting to cause or threatening to cause physical harm to a person, who may be a family member or roommate or a household member2.
In the United Kingdom, the spectre of domestic violence is addressed by the Family Law Act....
10 Pages(2500 words)Essay
FAMILY LAW... of safety but domestic violence occurs behind closed doors. Violence is a clear breach of the person and the security of women4.
Although there is substantial evidence recognised at institutional level, regarding the psychological effects caused by domestic abuse; the criminal law in England and Wales intentionally ignored this fact, while including the same within the category of assaults. Domestic violence should be treated as a criminal offence based on gender power. The responses of the legislation towards domestic violence fortify the traditional acceptance of society as being male dominated. The concept of family is that both the husband and wife are equal in all respects. This concept is being ignored by the laws... that if there is...
10 Pages(2500 words)Essay
Family Law...1989 re-defined child care law by introducing new measures for working with children and families in both public and private family law2. Generally speaking, the CA embodies a fresh approach to working with and for children and under section 8 of the CA, the court can make four types of order within family proceedings in respect of the child’s welfare, with the main provisions being a residence and contact order.
Section 8 of the CA replaces the previous custody orders with contact orders and the new system of private ordering was intended to promote and continue parental responsibility post divorce with minimum interference by the court3. Moreover, in the...
14 Pages(3500 words)Essay
Family law...Divorce and Annulment By law, divorce or annulment can be acquired by either party to a marriage can be granted if it is proved that the grounds for divorce or annulment are satisfied. In this paper, the grounds for either divorce or annulment are provided for the marriage between Tabitha and Mickey. From the facts of the case, it is evident that Tabitha was previously named Tobias and was a male, but acquired a sex- reassignment and changed names to Tobias. Consequently, Mickey begged Tabitha to marry him as a means of avoiding a planned expedition to the Arctic Pole by his parents. Tabitha agreed to the marriage, but Mickey could not consummate the marriage because of Tabitha’s sex change. Consequently, the couple...
3 Pages(750 words)Essay