Family Law Essay Example | Topics and Well Written Essays - 3000 words

Family legal philosophy - Essay ExampleU.K.s family section 8(1) of the Children Act 1989 states that the clawren must live 50 percent of the growing up with one parent1. Consequently, the children will live the remaining 50 percent of their children age with the otherwise spouse. The essence of the shared dwelling house rule precludes the issue that one parent is better than the other parent. This was the ruling in the D v D (Shared Residence Order case) 2001 1 Flr 4952. The shared residence complies with section 1 of the Children Act of 1989. The section emphasises that the childrens welfare is paramount compared over the welfare of all of the parents. Each parent has equal snip rights and decision rights to the development of the children. The Childrens Act of 1989 is grounded on the Law Commission 1986 Working Paper no. 96. The law ensures that both parents are not denied their right to misrepresent equal decisions on the childrens schooling, abode, and other related fam ily decisions3. Childrens Minister Tim Loughton stated that the state had the affair to ensure the drives are not eliminated from the child development equation. The fathers have the right have the children live with the father on equal basis, removing the issue of discrimination. In fact, Mr. Loughton stated that the move was to reverse the current United demesne scene where children were not given their right to personally feel their fathers love, affection, and caresses. ... Consequently, most of the children were refused their right to share time with their fathers. The judge referred to the case T v T judgment stating that royal court of law should bring the greatest benefits of the children. The court should never prevent dividing the childrens rights and the fathers right to have 50 percent of the childrens time say with the father4. In terms of case law, A v B Anor 2012 EWCA Civ 285 (14 March 2012) states the court of appeals granted the fathers request to contact his child. The child was living with the spouses part wife. The wife was a lesbian5. The case states the decision is based on what is best for the childrens interest. The childs interest includes the childs need for the father to contribute to the childs nurturing. The father plaintiff complies with all the legal requirements of a father role. Consequently, the father prays that the court grant his right to be with his child. The court decision states that the father should be granted his right to implement his father image. Specifically, the court can fire his father children relationship. The relationship includes providing for the food, clothing, shelter, school, medical, and other real life father responsibilities. By filing a unhealthiness with the court, the court interprets the fathers complaint is convincing proof that the father is serious in his relish to fulfil his right to act as the childs father. Eric must not get in the way of preventing the fathers right to have the children live with the parent. In the same way, Eric should not prevent the childrens right to stay with the father. By forcing Belinda to North of England, Eric can be charged for preventing the stay with child right of both the