Thursday, September 26, 2019

Family Law Essay Example | Topics and Well Written Essays - 3500 words - 1

Family Law - Essay Example Hester argues that the Children Act 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 consultation process, Lord Mackay asserted that â€Å"while the law can sever the legal bond between husband and wife, the law in family disputes should do nothing that appears to weaken bond between parent and child4†. Therefore the issue of contact and child parent bond is vital and embodied in the spirit of the Children Act 1989. The consultation process research indicates that the most important factor in child’s adjustment is the quality of post divorce arrangements for all family members, which was highlighted in the official papers that led to the 1989 Act, such as Law Com No. 172, â€Å"Review of Child Law – Guardianship and Custody†5. A vital element in a child’s adjustment is a continuing relationship with both parents6. Children ultimately want two active involved parents7 and the July 2004 HMG Green Paper â€Å"Parental separation: Children’s needs and parent’s responsibilities†8 highlighted that it is vital to handle the process of contact and separation to reduce the impact of separation and divorce on children, which requires preservation of the parent/child bond wherever possible9. Whilst, no law can force someone to be an active parent as radically postulated by Helen Conway,10 it can nevertheless encourage that role even post separation. Prior

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.