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Children Welfare - Essay Example

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Before plunging into the various arguments for and against the above statement, it is imperative to note that law deals in generalities and works by simplifying the insights of other disciplines into its own frame. 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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Children Welfare
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Download file to see previous pages Studies point to the reality that some fathers lack the resources to relate to their children and often require the mothers to mediate on their behalf. They may lack the resources in terms of knowledge, information or emotional insight to be able to relate to their own children and this will be more stressed post separation (Adams, 2007).
It is considered to be good parenting to cooperative and communicate effectively at the time of separation. 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). This also lays the foundation for a successful shared residence arrangement (ibid: 325).
In her study, 'Enduring Conflict in Parental Separation: Pathways of Impact on Child Development' (2003) 9 Journal of Family Studies 63), Jennifer McIntosh states that there are few worse starts in life that having a fearful anxious mother who is unable to relate to her child leading to a possible emotional detachment.
It is imperative that the custodial parent, most often the mother, should be not just content but happy in her existence for the child to get a normal and happy life. With this perspective in mind, the courts most often rule in favor of the mother in cases of relocation. Poel v Poel, the court allowed for the mother to remove the child permanently to New Zealand after careful investigation of the couple's motives for such a movement. It was stated that such a decision was made not because there was any defect in the father but for the sake of the child's welfare and future (Brasse, 2005).
An even stronger case example is found in Payne v Payne, where the court outweighed the positive relationship shared by the father with the child and ruled that the unhappy mother be given permit to leave the jurisdiction with the child. The father opposed the ruling as against his Article 8 rights and his rights to a fair trial under Article 6. Since then, the courts have taken care to ensure that, before relocation occurs, arrangements for contact with the non-residential parent are included within the court's order. In Payne the judge held to the view that the best interests of the children are associated with those of the mother as primary carer (Hayes, 2006).
Even when there is reasonable and healthy involvement of the father in a child's life, courts find in their responsibility to weigh the risks involved in the mother pursuing a life in which she is unhappy with the risks involved in the severe reduction in contact with the father. The courts often rule in favor of the mother as in Re C (Leave to Remove from Jurisdiction) [2000] 2 FLR 457 (Brasse, 2005).
In Payne v Payne, at 1065-1066, Thorpe LJ held that the court should base their decision after proper research and investigation into whether the mother's application is genuine and realistic and not motivated by a selfish desire to exclude future contact with the father (Hayes, 2006).
Fatherhood is seen as a key provider for men of a sense of secure, stable ...Download file to see next pagesRead More
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