if anyone doesn't mind.....could they just see how this essay looks. i wrote it a couple of months ago, just typed it up and edited it. its pretty short...but its a small topic. thanks..
FAMILY LAW ESSAY
Question: Evaluate the effectiveness of the legal system in responding to the needs to children in relation to care, property and maintenance.
Answer: Family law has its ways of providing for the needs of children in relation to care, property and maintenance. This can be related to many cases and pieces of legislation that are produced, in order to support the needs of children and to make sure their best interests are achieved.
Family law provides for children if there is a break up in a family. For example, if the parents decide to have a divorce, the courts will appropriately decide what is best for the children involved and where they are most suitable to go. Visiting rights must also be organized if there are any. This can relate also to the case, Exparte vs. Willis 1992 (NSW) where a married couple who separated had two children. The mother was in charge of the two children and the father had occasional visiting rights as the children were also biologically his. The mother then decided to move to another state with the children and her boyfriend and the ex-husband took them to court, to prevent her from taking the children away from him. He took her to court and said that it was unfair of her to go to another state and deny the children a right to have access to their real father. He court still decided that the woman could go away to another state if she wished and it would be in the hands of the ex-husband to make arrangements for visits if he wanted them. In this aspect, the law is extremely ineffective in dealing with such cases involving children. Before, the children were just given to their mother, regardless of whether it was in the best interests of the child or not. But, now, the court must focus more on what is in the best interests of the child and which decision will be best for their upbringing and their future. What the courts and legal system could do in this case to make the law more effective is to say that if the mother was to move away, it would be her responsibility to fork out money from her own pocket and to make sure the father and children can spend time and have contact with each other in occasional intervals.
The Family Law Act 1975(Cwlth) says that a child rightfully has the right to care and provision of basic needs. It also says that both parties (mother and father) of a child must pay child support (Child Amendment Act 1989) in order to provide the needs for the child. We see that in some areas of Family Law, it is effective in making sure the child/children have care and provisions. There are many cases of divorces where one of the two parties has to pay child support as either the mother or father cannot always support a child alone.
If it is a case where one party is deceased, then the government makes arrangements for the party with the children, whether it is to be a single father or mother, to have help and extra money to pay for the needs of the child and give the child a sufficient upbringing. A case we can relate this to is the case of White vs. MG 1996 (NSW) where White had died of a serious case of heart disease and the couple had three children. The mother was left to take care of the children, and she appealed to the government for support as her job had not paid enough for her to support herself as well as 3 children. The government looked closely at her records, her status and how she was managing and agreed to give her an allowance, where she could her support her children and herself in a suitable and satisfactory manner. In such cases, the law is effective in responding to the needs of the children in relation to care, property and maintenance.
We can also look closely at the aspect of the needs of children in Family Law in relation to property and maintenance. In one case of Johnson vs. Brahe 1991 (NSW) we see in a de facto relationship how, after a separation and one child, the court granted the mother custody of the child, being it was a no fault separation and simply because of the fact that they were not in wedlock and because the court felt that the mother would take care of the child better, for no fault in the part of the father. In this case, relating to the De Facto Relationships Act 1984 (NSW) and Children’s and Young Persons (care and Protection) Act 1988 (NSW), we see that the law is very ineffective in dealing with such issues and providing justice for children and the parties involved with them. The father is not given custody of the child simply because he is the father? The law could change itself and make it more effective by letting both parties share custody of the child so the child has access to both his/her biological parents and is shown the love, affection and care from both parties. This is also another aspect in which Family Law deals with the care and protection of children in relation to property and maintenance.
From the above mentioned and discussed aspects of Family Law in relation to children, it can be clearly said that yes, the law has changed well from the past and does respond to the needs of children in various aspects of Family Law, yet more reform needs to be done in order to make sure all decisions involving children in families are decided justly. Amendments do need to be made in the future in order to make the legal system more effective in responding to these situations and pieces of legislation to help as they provide guidelines for what can be done in these circumstances.
END
oh btw....when i write this out it only comes to 4 exam booklet pages... i got 18/20 for it
FAMILY LAW ESSAY
Question: Evaluate the effectiveness of the legal system in responding to the needs to children in relation to care, property and maintenance.
Answer: Family law has its ways of providing for the needs of children in relation to care, property and maintenance. This can be related to many cases and pieces of legislation that are produced, in order to support the needs of children and to make sure their best interests are achieved.
Family law provides for children if there is a break up in a family. For example, if the parents decide to have a divorce, the courts will appropriately decide what is best for the children involved and where they are most suitable to go. Visiting rights must also be organized if there are any. This can relate also to the case, Exparte vs. Willis 1992 (NSW) where a married couple who separated had two children. The mother was in charge of the two children and the father had occasional visiting rights as the children were also biologically his. The mother then decided to move to another state with the children and her boyfriend and the ex-husband took them to court, to prevent her from taking the children away from him. He took her to court and said that it was unfair of her to go to another state and deny the children a right to have access to their real father. He court still decided that the woman could go away to another state if she wished and it would be in the hands of the ex-husband to make arrangements for visits if he wanted them. In this aspect, the law is extremely ineffective in dealing with such cases involving children. Before, the children were just given to their mother, regardless of whether it was in the best interests of the child or not. But, now, the court must focus more on what is in the best interests of the child and which decision will be best for their upbringing and their future. What the courts and legal system could do in this case to make the law more effective is to say that if the mother was to move away, it would be her responsibility to fork out money from her own pocket and to make sure the father and children can spend time and have contact with each other in occasional intervals.
The Family Law Act 1975(Cwlth) says that a child rightfully has the right to care and provision of basic needs. It also says that both parties (mother and father) of a child must pay child support (Child Amendment Act 1989) in order to provide the needs for the child. We see that in some areas of Family Law, it is effective in making sure the child/children have care and provisions. There are many cases of divorces where one of the two parties has to pay child support as either the mother or father cannot always support a child alone.
If it is a case where one party is deceased, then the government makes arrangements for the party with the children, whether it is to be a single father or mother, to have help and extra money to pay for the needs of the child and give the child a sufficient upbringing. A case we can relate this to is the case of White vs. MG 1996 (NSW) where White had died of a serious case of heart disease and the couple had three children. The mother was left to take care of the children, and she appealed to the government for support as her job had not paid enough for her to support herself as well as 3 children. The government looked closely at her records, her status and how she was managing and agreed to give her an allowance, where she could her support her children and herself in a suitable and satisfactory manner. In such cases, the law is effective in responding to the needs of the children in relation to care, property and maintenance.
We can also look closely at the aspect of the needs of children in Family Law in relation to property and maintenance. In one case of Johnson vs. Brahe 1991 (NSW) we see in a de facto relationship how, after a separation and one child, the court granted the mother custody of the child, being it was a no fault separation and simply because of the fact that they were not in wedlock and because the court felt that the mother would take care of the child better, for no fault in the part of the father. In this case, relating to the De Facto Relationships Act 1984 (NSW) and Children’s and Young Persons (care and Protection) Act 1988 (NSW), we see that the law is very ineffective in dealing with such issues and providing justice for children and the parties involved with them. The father is not given custody of the child simply because he is the father? The law could change itself and make it more effective by letting both parties share custody of the child so the child has access to both his/her biological parents and is shown the love, affection and care from both parties. This is also another aspect in which Family Law deals with the care and protection of children in relation to property and maintenance.
From the above mentioned and discussed aspects of Family Law in relation to children, it can be clearly said that yes, the law has changed well from the past and does respond to the needs of children in various aspects of Family Law, yet more reform needs to be done in order to make sure all decisions involving children in families are decided justly. Amendments do need to be made in the future in order to make the legal system more effective in responding to these situations and pieces of legislation to help as they provide guidelines for what can be done in these circumstances.
END
oh btw....when i write this out it only comes to 4 exam booklet pages...
i got 18/20 for it
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