Family Law Essays

negotiations in family law Essay
Civil Courts prefer to remain impartial towards parental religious beliefs and practices when
determining what is in the best interest of a child. Yet, case law makes it clear that the religious
practices of the parents and the proposed course of religious education may become relevant factors
for the court to consider in determining custody or visitation. Recent statistics indicate that the
divorce rate in the United States has reached fifty percent and shows no sign of decline. Polls show
that Americans are become more religious and that bi–religious marriages are on the rise. When the
parent informs the attorney that the opposing party will attempt to use his or her religious beliefs,
practices, or...show more content...
The mediator's job is to help the spouses negotiate an agreement that each of them considers fair
enough to accept. By personally participating in the creation of their own agreement, couples in
divorce mediation maximize their control over the dissolution of their marriage. This reduces the
probability of post–divorce disputes and increases the likelihood of post–divorce compliance.
Moreover, the stress and anxiety associated with separation and divorce, particularly for children, can
be reduced. Participation in mediation assists parents in affirming their affection and concern for the
children and can reduce the normal fears and anxieties of children concerning the "loss"
of one parent. Research indicates that the successful adjustment of children following separation and
divorce is directly related to the level of cooperation between parents and their continued
involvement in the lives of their children. Mediation encourages participants to see themselves and
each other as capable parents with a continuing responsibility to plan together for the future of their
children as they negotiate a solution that is satisfactory to both parents by not just looking at a fixed
pie but creating solutions that are beneficial to both parties by expanding the pie especially
concerning issues concerning religion.
Negotiation can be defined as a communications process used to put deals together and to
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No-Fault Divorce
No–fault divorce has been a legal development which has been at the forefront of major debate for
many years now. The first major development in regards to no–fault was Part 2 of the Family Law
Act 1996 which sought to introduced a no–fault divorce system in the UK, but this was never fully
implemented. The main aim of this piece of legislation was to reduce the amount conflict in a
broken–down marriage and was to provide a way out for these individuals which did not involve the
need further conflict.
The most recent development in this area of family law was the introduction of the No–Fault Divorce
Bill to Parliament in October 2015 under the ten–minute rule. This bill sought to introduce a
provision for the dissolution of a marriage or...show more content...
If at least one spouse can demonstrate that the marriage has irretrievably broken or that there exists
irreconcilable differences or incompatibility a divorce is granted. Consent of both spouses is not
necessary. Consequently, each spouse possesses a right to divorce under no–fault principles. David
Emmerson, chairman of Resolution's legal aid committee and a partner at east London firm
Edwards Duthie, said, 'Divorce ought to be as simple a process as getting married. It should be no
fault and no details.' However, if this were to be the case then the institution of marriage would be
near non–existent and the sanctity would be

Family Law
Meta: Family law is the area of law that deals directly with issues impacting families. This can
include cases involving matters such as divorce, adoption, and child abuse.
Family law is a broad field of legal practice that encompasses many different issues impacting family
today. Some of the legal cases that will full under the jurisdiction of family law include: divorce,
child support, adoption, custody arrangements, paternity, termination of parental rights, and child
abuse and neglect.
What Is The Job of A Family Lawyer?
As with other area of law, the primary duty of a family lawyer will be to advise their clients of their
legal rights and represent them in a court of laws. For many of those involved in a family law case,
this will be one of the most stressful...show more content...
Sarah, a family law attorney, starts her day with return phone calls and emails from clients regarding
matters such as disputes over child custody arrangements. Much of the rest of the morning is spent
preparing to go to court for different hearings and motions scheduled for later in the day. She many
also meet with a prospective or current client. After lunch, she then spends several hours in family
court. Some of the hearings are short – ten minutes or less – both others can last an hour or two, or
more.
What Kind of Employment Opportunities are there in Family Law?
Employment opportunities in family law are growing, in part because divorce rates have risen
significantly in recent decades. There is also a fairly high turn–over rate in family law, as it can be
an emotionally difficult legal field.
If you are interested in family law, you should take multiple family law courses in law school. After
you have received your degree, there should be many opportunities available to intern at service
organizations, such as those that offer pro bono legal advice and representation.
What Kind of Skills Are Necessary in Family

Australian Family Law
"Society moves ahead and the law limps behind" Discuss this referring to contemporary issues in
family Society's opinions are constantly, and rapidly changing, and consequently this poses
significant challenges to the family law system in Australia. A family is a social unit containing
individuals related by blood, marriage or other legally recognised relationships. Family law reforms
have been implemented over the past three decades, entailing the recognition of same sex couples.
Furthermore, a statutory presumption of shared parenting – as instigated by society's transitioning
values – displays the changing nature of parental responsibility. Not only are society's views
progressing, but surrogacy and birth technologies are...show more content...
Thus, the act can be unenforceable at times, as seen in the article, "Not so equal when it comes to
super" (Star Observer, Lamont, Ani, 2008) That said, the act enables the protection of
individuals' rights to be free of discrimination on the basis of sexual preferences. Furthermore, it
meets society's needs to see equality amongst same sex relationships, which is evident in a survey
concluding 72% of Sydney residents are in favour of gay marriage. Law reform is considered
proactive with relation to surrogacy and birth technologies, as methods of conception must be
permitted before they are conducted. Surrogacy, which occurs when one woman agrees to fall
pregnant and bear a child for a couple, is illegal in NSW when the woman is paid a fee or award,
under the Assisted Reproductive Technology Act 2007 (NSW). Hence, surrogacy must be
altruistic. Furthermore, the Surrogacy Act 2010 (NSW) now criminalises an international journey
for commercial surrogacy. This suggests the law is successful in meeting society's needs for
children not to be perceived as, "commodities." However, this logic is disputed; why would one
pay for a "commodity," which will reap no financial gain? The only reason seems to be the personal
reward of bonding with a child. Thus, the legislation can spawn

Australian Family Law Essays
In this day and age there are many variations of what constitutes a couple or family in comparison
to many years ago. Long ago the idea of a 'nuclear family' was considered the norm; it consisted of
the conventional husband, wife and children . But as our society progressed through the years this
definition became less conventional and criticisms were made, this definition of 'family' did not
account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The
definition of family has changed over time, as have the socially defined roles of mothers and fathers.
Within these varied family units, situations occur in which divorces and separations take place and a
lot of the times these tricky situations may...show more content...
This historical definition was derived from the case of Hyde v Hyde and Woodmansee (1866) and
denotes monogamous, heterosexual relationships; this restriction on the term 'marriage' has prevented
the parliament from legislating in respect to de–facto and homosexual couples. However the
Victorian Parliament has developed the Relationships Act 2008 (Vic) which recognises and registers
the relationships between two people who aren't married irrespective of ones gender.
In the year 2010 there where 50, 240 divorces granted in Australia alone . Under the Family Law Act
(FLA) a divorce can not be filed within the first two years of the life of the marriage without court
permission, unless a certificate is filed with the application. This certificate would state the two
individuals have considered reconciling with a marriage counsellor or an appropriate officer of the
family court. There are three main grounds for divorce, which are listed under sections 48 to 50 of
the FLA; it is asked whether the 'consortium vitae', the life blood of the marriage has ended.
When a couple is divorcing there are many factors to be taken into consideration; such as, division
of property and other assets and most importantly children. Since 2007 the Family relationship centre
has been the first stop for family disputes, there are over 60 centres

Self-Represented Litigants
SELF–REPRESENTED LITIGANTS
NEW MEXICO STATEWIDE CONFERENCE PERSPECTIVES ON THE PRO SE
PHENOMENON:
SCRIPT FOR A PANEL DISCUSSION Note: The above Script was prepared by John Greacen,
Director of the New Mexico Administrative Office of the Courts, for the New Mexico Conference on
Pro Se, presented in January 2001. The Script, while not necessarily reflecting the actual workshop,
provides an excellent summary of, and introduction to this important issue.
Among the issues discussed below are:
From the judge's and court staff perspective:
В· lack of understanding of rules of procedure, rules of evidence, and courtroom protocol by
self–represented litigants
В· papers are not complete or correct causing delay in the courtroom
В·...show more content...
Self Help Staff: Our data is very limited at this point. The Self–Represented Litigants Working
Group distributed surveys to the courts last fall in an attempt to gather some data on
self–representation. Many, but not all, jurisdictions contributed input. For the most part, results are
based on responses from self–represented litigants in the district courts and metropolitan court. The
surveys revealed that most self–represented litigants were female, 54% were between the ages of 22
–40, and 61% had dependents. 66% of the self–represented litigants completed high school, and 58%
reported that they lived in an urban area.
The racial and ethnic composition of self–represented litigants were self–reported as follows: 38 %
Caucasian, 47% Hispanic, 6% Native American, and 3% African American.
Of the self–represented litigants in the survey, 41% earned less than $15K annually. 33% earned
between $15K to $30K. 7% earned between 30K to $45K, and 6% earned over 45K. Income data
was not available for 10% of the self–represented litigants in the survey.
Moderator: Did the surveys provide any insights into the types of cases involved, or why the litigants
chose to represent themselves?
Self Help Staff: The overwhelming number of surveys (76%) involved domestic relations cases. 30%
of the litigants reported that they did consult with an attorney about their situation, but 79% reported
that they chose to represent themselves because they couldn't afford an

Family Breakdown Essay example
Family Breakdown
Many problems affect our society, and each problem presents us with different challenges and
obstacles. The most prevalent of these problems are crime, poverty, and poor education.
Collectively, society looks toward the government to intervene and find a solution to these
problems. This is easily illustrated by reflecting back to our last presidential election. The two
candidates, George Bush and Al Gore, gave their views and outlined the agendas they hoped to
implement in order to resolve society's problems. Mr. Gore proposed that we give more economic
relief to individuals to increase their economic status, thereby reducing the need for crime and
providing more opportunity for enhanced education. This belief...show more content...
The likelihood that a young male will engage in criminal activity doubles if he is raised without a
father and triples if he lives in a neighborhood with a high concentration of single–parent families"
No one will argue that families are important to society, but how can one stop the cyclical effect of
dysfunctional families. Since this is a societal problem, one must address how society can deal with
the problem through government policy. Divorce is on the rise. Society used to define marriage as a
union, before God, between a man and a woman. Government licensed this religious union to make
it a binding legal contract. Marriage was seen as a lifetime commitment 'for better or for worse'
and there were few things that were strong enough to break that bond. Today however, couples are
finding is easier to get divorced. Government has played a role in this by permitting no–fault
divorce, which allows unilateral divorce for no reason at all. In effect, the contractual obligation of
the marital union has been taken away. Our society has suffered from this. People today are more
interested in themselves and their own feelings, leaving them blind to the effect their actions have
on others, even their own children. As children grow up and see more divorces, or even experience
a divorce in their family, they learn by example that giving up on a marriage is plausible,
acceptable, and even rewarding in some

Parental Responsibility Essay
"Unlike the mother, the unmarried father has no 'automatic' parental responsibility."
To what extent is this an accurate summary of the law on parental responsibility? Consider whether
compulsory joint birth registration in the case of unmarried fathers would be a helpful reform.
The Children's Act defines parental responsibility as "all the rights, duties, powers, responsibilities
and authority which by law a parent of a child has in relation to the child and his property". The law
does not tell us exactly what this means but in a broad sense it is fairly clear what is meant by this.
'It is much easier to define a 'normal' family – a husband and wife and the children of their marriage
– than it is to define the powers and...show more content...
A case of a four year old that did not want contact with their father and was fearful of him this was
taken into account and the order for parental responsibility was refused. Following from the two
cases it shows that courts will take into account both the child and parents view but they will almost
always decide what is best for the child.
'The latter are usually described as social parents'. When it comes to parentage not all parents are
genetically inclined with their parental responsibility. There are both genetic and non–genetic
families; both will have the same parental responsibilities as each other – 'both have distinctive
contributions to make to the life of a child'. Whether the parents are genetic or adoptive they still
care for a child in the same way and should not be judged any different from each other. Whether
you are an adoptive parent or a genetic parent they all fit into the concept of a nuclear family.
'Being a parent is not just a matter of language but something which confers a legal status'.

Families of Law Essay
Law and Society Families of Law Unit 3– Written Assignment Tami Daniels 03/28/2011 Unit 3
Essay– Part Two Name of Country: Great Britain Family of law followed: Common law How
disputes are settled: Litigation, Arbitration, and Mediation How cases are handled: Adversary
system; case law takes precedence In this section, discuss the following: How would your friend's
theft be dealt with under the law in this country? In Great Britain, the Theft Act of 1968 is an Act
of the Parliament of the UK. It governs most of the general property offenses in English law. Theft
is defined as a person shall be guilty of theft if he dishonestly appropriates property belonging to
another with the...show more content...
A decision will be drawn from here. This process is characteristic of the inquisitorial model. In a
case of theft, such as petty theft, it is considered a misdemeanor and under civil law it would
involve investigation by civil servants called procurators (Law and Society, p 57). The case would
be tried under civil law and a defendant in civil litigation is never incarcerated and never executed.
A losing defendant in a civil litigation is only expected to reimburse the plaintiff for the goods
stolen. Punitive damages are usually never awarded unless the defendant had malicious intent or
gross negligence. If damages are awarded and the defendant does not have assets or insurance, the
plaintiff will receive nothing even though the court awarded monetary damages (http:/
/www.rbs2.com/cc.htm). Identify any other factors for consideration. Would the fact that your
friend is female impact her treatment under the law in this country? In France, the fact that she is a
female would not have an impact on the outcome of her crime. The same process would apply
whether she is female or male. In civil law, the wrongdoer is not punished; he only suffers so much
harm as is necessary to make good the wrong he or she has done (http://www.rbs2.com/cc.htm). The
criminal label you would have imposed upon you seems to be suffering enough, for most, under civil
law. When

Family Law Essays
Family law
Changes to family law as a response to changing values in the community/role of law reform in
achieving just outcomes for family/ effectiveness of legal and non–legal responses in achieving just
outcomes for family members
The family law act 1975 introduced major change to divorce law on 14 grounds of infidelity,
cruelty and desertion. In 1975 saw a major reform in family law, as the family law act introduced no
fault divorce meaning that neither party were to blame for the breakdown of the marriage. One
party had to tell the other and separate for a period of 12 months, then apply for an application with
family law court for dissolution of the marriage. The change in law was a reaction to changing
social values depicted from...show more content...
If a couple can reach an agreement on how property is to be divided before going to court they
can apply for a Consent Order. In New South Wales de facto couples can approach the District
court to gain a property settlement Recent changes to law allow for the future needs of the de facto
partners to be taken into account in property settlements. Problems can occur when partner hides
property or sells property to friend at low price before the divorce.
Domestic violence occurs between family members; married or de facto couples and or their
children. There have been cases where women have been subject to domestic violence and have
killed their spouse, (R.v Heather Osland 1996). 'Battered woman's syndrome' is a complex of
psychological adaptations that lead women to kill, which can now be used as self–defence and
provocation.
The courts are becoming more willing to accept evidence of 'BWS' as a partial defence for murder,
evidence of growing recognition by the law of the effects of domestic violence. Amendment to the
Crimes act 1990 meant that children and adults would be protected from abuse. Legislative response
to domestic violence was the creation of the Periodic Detention of Prisoners (domestic violence)
Amendment act 1982 (weekend detentions for offenders).
There have been significant amendments to the New South Wales legislation; the crimes act 1990
was amended in 1994 to make stalking and

Essay On Family Law
The Impact of Departure From The EU Will Impact Family Law
While the country is still reeling from the EU referendum, we need to take a much closer look at
how departure from the EU will impact family law in England and Wales.
Family law is not a stranger in the sense of taking steps to move away from the EU which will
take quite a bit of unraveling from the EU legislation. The same can be said regarding many of our
other laws. Without a doubt, this will take quite some time and the process will probably drag out for
quite some time. Although the long–term impacts of Brexit, or departure of the UK from the EU,
may not be fully felt for quite awhile, there are many consequences in regard to future divorces from
the EU.
Nigel Shepherd,...show more content...
Bear in mind, in the absence of this important EU legislation, this will lead to even more uncertainty
regarding who has the jurisdiction to hear the case. It has been iterated that the courts will have to
fill the vacuum with something that would be similar to Brussels II in order to address the situation.
Adding to this, the Brussels IIa allows an order that was created in England to recognised and is
enforceable in other jurisdictions. Orders that are commonly affected by the EU legislation includes
child custody, other arrangements and matrimonial orders that need to be addressed by the new
legislation in order to stay enforceable across the borders.
Keeping agreements made between multinational couples in a divorce are governed by Brussels IIa
which allows for a more uncomplicated approach for enforcement across different jurisdictions. The
enforcement of these agreements will need to be addressed in light of any new legislation and will
have the greatest impact on matrimonial property and who owns what in different countries.
Other Arising Issues:
Although family law is not the leading victim of departure from the EU (or Brexit), there will still
be a great deal of uncertainty leading up to the formal Brexit while negotiations continue with the
EU and this could take a number of years.
In a time of great uncertainty for couples divorcing, there will be even greater anxieties and fears
that will arise. On a

Family Law Essays

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Family Law Essays