Epq family law part 1 PDF

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Epq family law part 1...

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“How strongly does the desire of the child impact the decision of the court to stay with one parent or another?” Abstract When I started this project, I was interested in knowing more about family law – how does it apply to people in general, how can it help them. In my own experience, I had been to a High Court before, and since then I realised how passionate I am about the law in general. Nonetheless, at the start of this project, I was not confident to talk about family law in general or be based on a specific thing that includes family law. For this reason, I chose to discuss a child’s desires and how it can affect the judge’s final choice. In the beginning, it was relatively challenging for me to choose the perfect question for this specific topic since I had many ideas in my head, however with time constraints a line must be drawn. The research process of discovering sources and analysing them taught me the complete picture by utilizing information based on facts. I read so many articles and papers over the internet that are based on this topic and free to access. As I produced this essay, of course, I read more than has been listed in the bibliography to come up with my own opinion and effective answer to the question I chose. Because of this, it allowed me to develop my arguments by going into greater depth and the whole process of doing this. Thus, in this essay I will be discussing: The judge’s opinion on the child’s wishes and how it can contribute in the child’s decision. ·

How can the decision of the judge can affect both of the parents and how can the divorce can affect the family

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What is Cafcass and how does it contribute to child`s feelings and wishes.

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Child’s arrangements.

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The Children Act 1989 – in detail.

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Historical Background on family law.

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What domestic abuse is and how it can affect the family – with a case scenario.

Introduction This question clarifies how much of a decision does a child have in order to change the judge's choice in court. This situation must be dealt with in a civil court - where an individual or business believes that their rights have been infringed in some way: the civil law is there to help them. This often means that there is a dispute, which needs to be dealt with by the Courts – therefore, family law is: involving the issues of family relationships – adoption, divorce, child custody, etc. In addition, child custody can be only used on one type of family law, which is divorce. Moreover, the child custody can be used until the child comes of age (instantly turning 18) and therefore, will be able to naturally make their own decisions. Furthermore, parental responsibility which is based on the Children Act 1989 – “all the rights, duties, powers, responsibilities and authority which by civil law a parent of a child has in relation to the child”

[1]

will be taken into consideration by the judge. This is

because, if one of the parents have parental responsibility, they will be able to provide housing for the child. This is because, the lack of an affordable house will provide poor quality to the child’s future and the judge must look at the income of both parents. Also, in the Children Act 1989, the law states - ‘the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)’

[2]

– suggesting that

the Court must respect and consider child’s wishes when a divorce happens between the two parents. Significantly, a case of family law will be heard in High Court – Family Division. This division hears cases where there is a dispute about which country’s laws should apply and all international cases concerning family matters under the Hague Convention. Therefore, a single judge will hear the case. The majority of family matters previously dealt within the Family Division are now dealt with by the Family Court. Family is seen as the stereotype made of a mother, a father and a number of children, however it can have its negative parts as well. For instance, the case called “Huang V Home Secretary” (2007) UKHLII, explains how important the noun family is – “Human beings are social animals. They depend on others. Their family, or extended family, is the group on which many people most heavily depend, socially, emotionally and often financially. There comes a point at which, for some, prolonged and unavoidable separation from this group

seriously inhibits their ability to live full and fulfilling lives.

[3] " Therefore, the topic that I

will be talking about is family law which, in my opinion, I consider to be a personal and complex topic. This is because, a lawyer can help families that are going through stressful experiences in life and it is very pleasing to help them through difficult times. A case that could give us the idea of what the child’s wishes mean and why are important is the case called Re L (A child) (2019) EWH C 867 is quite recent and it provides the evidence on how the child’s wishes have been “abused” by one of the parents – “There was a striking contrast between what the child said about his father in the presence of his mother which was entirely negative”.

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Moreover, the case Re L (A child) (2019) EWH C 867 states –

“actions speak louder than words”

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– shows that the Court must take into consideration

the child’s age and how vulnerable they can be when talking with the judge. One of the parents can easily manipulate their children, such as lying in front of the court. Personally, the needs and feelings of the child are crucial for the judge to be able to make the most significant decision for the child. For this cause, the case is a clear example of how children's insecurity in general (depending on their age) is represented and how their parents can influence their beliefs while talking to the judge. It is apparent that due to a harsh impact put on him, the child did not express his true feelings towards the parents. “England is the most international family law jurisdiction in the world. It has more international families than any other jurisdiction and more active connections with other jurisdictions…These cases involve children, modest assets and very substantial assets. England is the creator and ongoing supporter of common law with many historic ongoing family law ties throughout the common law world.” – Therefore, we can clearly observe that England’s family law is applicable to international family law as well.

[1] [2]

https://www.loc.gov/law/help/child-rights/uk.php https://www.anthonygold.co.uk/latest/blog/wishes-and-feelings-of-children-in-private-children-

proceedings/ [3] https://publications.parliament.uk/pa/ld200708/ldjudgmt/jd081022/leban-3.htm [4]

https://www.anthonygold.co.uk/latest/blog/wishes-and-feelings-of-children-in-private-children-

proceedings/

[5]

https://www.anthonygold.co.uk/latest/blog/wishes-and-feelings-of-children-in-private-children-

proceedings/...