Popular Topics in A Rose For Emily Abortion Animal Rights Animal Testing Artificial Intelligence Beowulf Black Lives Matter Body Language Bullying Catcher In The Rye Child Abuse Civil War Cognitive Psychology Conspiracy Theory COVID Death Penalty Depression Domestic Violence Euthanasia Gender Roles Global Warming Gun Family law essay Hamlet Holocaust Immigration Inclusive Education Isolation Lord Of The Flies Macbeth Marijuana Minimum Wage Obesity Of Mice And Men Online Identity Organizational Behavior Othello Pandemic Police Brutality Racism Romeo And Juliet Social Issues Sustainability The Great Gatsby The Truman Show The Yellow Wallpaper To Kill A Mockingbird Vietnam War World War 2. Shevin — Oral Argument — February 26, family law essay, Smith v. What are the choices thriving leaders make when faced with stressors? Property settlements are often made by agreements between the parties, which saves the cost of going to court. Family Law generally is tested on its own.
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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, 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. 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 family law essay than one that would result out of litigation. In addition, family law essay, financial agreements have 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 of 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, family law essay. 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, 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, 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 family law essay couples to undertake family dispute resolution in cases involving children. This is family law essay 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, family law essay, 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 essay. In instances where a custody dispute does reach the court, the primary consideration is placed on the child.
The reason for this is their recognised vulnerability under the Convention on the Rights of the Child CROC. This law attempts to protect the rights of the child by placing responsibility on parents to provide for the welfare of their child, however, this in turn undermines the rights and choices of the parents. In these instances, relocation is seen as impractical for granting equal or substantial time with both parents, family law essay. 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. 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 family law essay 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. In the case of R v Ramazan Acar [] VSC, an intervention order was placed on Ramazan Acar to protect his ex-partner from his abuse. 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 family law essay, conflicting interests of the parents for the custody of Yazmina resulted in her being the victim of warring parties, depicting the failure of the court order in ensuring her safety and protecting her from an unjust death.
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. For this family law essay, the government has reformed the law by implementing the Family Law Legislation Family Violence and Other Measures Act Cth. This 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. However, there has been mixed reception by different parties regarding the influence of this legislation on addressing domestic violence. 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, unjust outcomes between parents and children arise out of litigation and this can lead 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. BibliographyFarouque, F. Horin, A. Peatling, S. Petrie, family law essay, A. Griffin, M, family law essay. Ross, N. Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email. Please, family law essay, specify your valid email address.
Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. However, we might edit this sample to provide you with a plagiarism-free family law essay. 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. Shevin — Oral Argument — February 26, Smith v. Local Union No. Hi there, would you like to get such a paper? How about receiving a customized one? Check it out. GET YOUR CUSTOM ESSAY SAMPLE. We can't stand spam as much as you do No, thanks.
I prefer suffering on my own. However, we might edit this sample to provide you with a plagiarism-free paper Edit this sample. Unique Family law essay Content.
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Finally, I find the course material extremely useful since I purpose to start a family advocacy firm in the future. I will also be able to adequately handle the different dynamics that arise in family property cases. In my opinion, this course could be changed for the better through the inclusion of practical sessions. For instance, court sessions should form part of the learning process. It would be a great experience if students were allowed to attend divorce, property, and marriage cases. This also allows our clients to keep in touch with our writers in order to make a follow up on the progress of their work at their own will.
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