Family Law Assessment Essay

 

family law essays

Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing masseuras.ga can view samples of our professional work here.. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher. Free family papers, essays, and research papers. Family And Family As A Family - Imagine the word family it is a simple word, however it is also a powerful. Family Law Assessment Essay ‘Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdowns.’ Society’s changing social values towards the notion of ‘family’ has resulted in the legal system attempting to reform the law to reflect these changes.


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Due to the range of family types that exist today, relationship breakdowns have become complex. The legal system aims to provide a fair and equitable outcome for parties; however, family law essays, this is a challenge due to conflicting interests of parties. This essay will discuss the following issues of relationship breakdowns: financial agreements, compulsory family dispute resolution, the best interests of the child and domestic violence, family law essays. Financial agreements are a mechanism designed to achieve a just outcome for parties in relationship breakdowns.

The ability of both parties to negotiate agreeable terms in financial agreements achieves a fairer and equitable outcome than one that would result out of litigation. In addition, financial agreements family law essays time and cost benefits, are accessible to both married and de facto couples and are legally binding under the Family Law Act Cth. Hence, the Family Court cannot override the terms of a binding financial agreement unless one of the parties can prove that it is void.

In the case family law essays Kostres and Kostres [] FamCAFC, the parties had executed a pre-nuptial agreement with the intention to mutually share the assets obtained during marriage in the event of a divorce. Mrs Kostres sought to uphold the terms of the agreement but dispute arose regarding the interpretation of the agreement.

On appeal by the husband, the Full Court nullified the financial agreement due to the difficulty in determining the intentions of the parties. Although financial agreements are aimed at achieving justice for parties, family law essays, this case indicates that interests of parties become conflicting as the relationship breaks down, hence undermining the original intentions of the agreement.

This leads to the Courts intervening and determining the terms of the agreement, thus, family law essays, removing the original benefits of the financial agreement. Another mechanism with the purpose of avoiding litigation is family dispute resolution. Under the Family Law Act Cthit is compulsory for separating couples to undertake family dispute resolution in cases involving children.

This is successful in achieving justice as parties are more likely to comply with the terms of a parenting plan negotiated by both parties and prevents the negative influences of litigation on children. Despite the success of family dispute resolution, the government has decided to reduce the accessibility to free mediation.

Decreasing funding has implications of encouraging parents to use the courts to resolve disputes, however, litigation has proven to be less successful in achieving justice due to lack of discretion the two parties have in the dispute process, family law essays.

In instances where a custody dispute does reach the court, the primary consideration is placed on the child. This law attempts to protect the rights of the child by placing responsibility on parents to provide for the welfare of their family law essays, however, this in turn undermines the rights and choices of the family law essays. In these instances, family law essays, relocation is seen as impractical for granting equal or substantial time with both parents.

HCA, a mother was ordered by the court to remain living in Mount Isa with her child so that the parents could have equal shared care, leaving her isolated from her family in Sydney with no job prospects. Another issue in relationship breakdowns is the prevalence of domestic violence.

In relationships involving domestic violence or abuse, the victim can seek to place criminal charges on the offender under state law such as the Crimes Domestic and Personal Violence Act NSW or apply for an apprehended domestic violence order ADVO. ADVOs and other intervention orders are beneficial in that they are resource efficient, accessible and compliant by law-abiding citizens.

However, the enforceability of ADVOs is limited and fails to physically deter offenders. This court order prevented him from seeing his daughter Yazmina and subsequently resulted in Acar murdering his daughter as retribution to his ex-partner.

In this case, conflicting interests of the parents for the custody of Yazmina resulted in her being the victim of warring parties, depicting the failure family law essays the court order in ensuring her safety and protecting her from an unjust death, family law essays. Hence, it can be seen that courts increase the animosity in relationship breakdowns, diminishing the justice achieved for parties, especially children who are vulnerable in these situations.

Family law essays legislation has expanded the definition of family violence beyond violent behaviour to take into account emotional, financial and psychological abuse.

This piece of legislation has recently been implemented; hence, its effectiveness is undetermined. This article indicates the inability of the law in meeting the social values of all parties, thus, limiting its ability to achieve a just outcome for different parties due to conflicting perspectives. For this reason, family law essays, unjust outcomes between parents and children arise out of litigation and this can family law essays to non-compliance with court orders.

Therefore, mechanisms that are out-of-court such as financial agreements and family dispute resolution are more effective in achieving justice for parties due to its accessibility, responsiveness to the interests of different parties, whilst still protecting the rights of any children involved.

Bibliography Farouque, F. Horin, family law essays, A. Peatling, S. Petrie, A, family law essays. Griffin, M. Ross, N. Search for: Search. In the case of MRR v GR [] HCA, a mother was ordered by the court to remain living in Mount Isa with her child so that the parents could have equal shared care, leaving her isolated from her family in Sydney with no job prospects.

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Family Law Essay

 

family law essays

 

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 Author: Hackettandreann. Family Law Essays Words | 5 Pages. 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 introduced major change to divorce law on Take a law school essay practice exam in Family Law, with model answers included. Ace your finals with issue spotter essays written by law professors. This is exam #1 out of .