Family Law Act 1975: Summary And Analysis

     The purpose of this paper was to give some insight into the vicious battles that take place over child custody. It is important to mention that raising children is difficult even with two parents, now when there is only one parent the difficultly increases by leaps and bounds. The idea of joint custody seems to sound like a good solution however, Smith (2003) stated

The United Nations Convention on the rights of a child (1989) is a treaty that sets out the rights and freedoms of all children in a set of 54 articles.

The convention on the rights of the child 1989- The Convention's objective is to protect children from discrimination, neglect and abuse. It is the principal children's treaty, covering a full range of civil, political, economic, social and cultural rights. It grants rights for children in peacetime as well as during armed conflict, and provides for the implementation of those rights. It can promote anti-discriminatory practice by giving children protection and rights. It can also make sure that children will be given somewhere safe to be; not near any war zones and hazardous areas which could cause ill- health.

The Convention on the Rights of the child is an international treaty which has been adopted by the U.K. It was approved by

Un Convention on the Right of the Child 1989 - it sets out in detail what every child (under the age of 18) needs to have for a safe, happy and fulfilled childhood. It includes children’s civil, political, economic, social and cultural rights and promises to provide what a child needs to

The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate amount of time” (United Nations Human Rights Commission, 1989). This is relevant to my role as a human rights lawyer in scenario ten as to make a compelling argument you need to identify the legal and human rights issues. Australia is one of the countries that has signed this document, in signing they agreed to uphold all the sections of this legislation. In detaining children indefinitely, they are breaching the UNHCR’s Convention on the Rights of the Child and breaching their right to

The purpose of the Act is to bring the statutory framework for the care system in England and Wales up to date by implementing the proposals in the White Paper that require primary legislation. This forms part of the Government's programme to ensure children and young people receive high quality care and support. The Act also includes provisions in relation to well-being of children and young people, private fostering, child death notification to Local Safeguarding Children Boards and appropriate national authorities, the powers of the Secretary of State to conduct research and applications for the discharge of Emergency Protection Orders.

Discuss how policies and procedures help children, young people and their families whilst the child is being looked after. The every child matters (change for children 2003) legislation is based upon the well-being of children and young people from birth to 19. This legislation has five principles that applies to every child, whatever their background or circumstances. The organisations working with children and young people, work together to protect children from harm and help they achieve their goals.

The United Nations Conventions on the Rights of the Child (1989) is an international human rights treaty that grants all children a comprehensive set of rights. The convention has 54 articles and it sets out in detail what every child needs to have for a safe, happy and fulfilled childhood. Article 19 states children’s rights to be ‘protected from all

In 1989 the United Nations Convention on the Rights of the Child was introduced as an international human rights treaty setting out the rights of all children to equal treatment For legislative purposes, the term child means everyone up to the age of eighteen. The treaty covers a list of rights that everyone under the age of eighteen should be entitled to which include a full range of human rights from civil to economic to political.

Family Law Act 1975, in the same year established the Family Court of Australia, and the Act focuses on issues as a result of martial breakdown, such as ‘no fault divorce’; best interest of children, equal valuation of partners contributions (breadwinner / homemaker), equal consideration of mother and father when assessing custody. The Act has been amended and evolved to include coverage for casual and de-facto relationships and ex-nuptial relationships, including distribution of debts and Superannuation as equal property, strengthening court process around domestic and family

Father’s had claimed that there was sexual discrimination in custodial court cases and decisions, sparking concern for infringement of constitutional rights. They also showed concern for the feminist movement. At the time, there was also a shift from the mother being the homemaker and caretaker as women had to work and by the 1970s, the maternal preference was gone. The Uniform Marriage and Divorce Act of 1970 provided for an unbiased perspective that held the best interest of the child at a standard. This went on to be adopted by many states and for the first time, the interest of the child would be the most important in custodial decision

The Every Child Matters led to the Children Act 2004 came as direct result of the Laming Report following the death of Victoria Climbie. The report was highly critical of the way the case was handled and had 108 recommendations which overhauled child protection in the UK. The United Nations Convention on the Rights of the Child (1989) this is an international human rights treaty that sets out the rights of all children to be treated equally. The treaty has a list of rights to which every child under the age of 18 should be entitled.

Divorce is hard on everyone, but no one is as devastated as the children. For this reason, the family law and child custody attorneys at Woods, May & Matlock work diligently to help families resolve their issues without going through a litigious process. Court is stressful, expensive and time-consuming. Our team of family law and child custody attorneys look for ways to help families reach a compromise without an ugly courtroom battle. For anyone looking for a family law attorney or child custody attorney in Frisco, TX who truly puts the health and well being of the family first, Woods, May & Matlock is the team to call.

In the legal context, the ability to leave property to any person you desire upon death is called testamentary freedom. The concept of testamentary freedom is perhaps the reason why many people contemplate death and attempt to ensure that they meet all the formalities in executing a valid will. It is important to note that testamentary freedom is not a notion that is absolute. Family members of the individual who feel they have an entitlement under the will can bring a claim for contesting a will against the estate. These family provision claims are becoming more common in our society and are arguably undermining the testator’s use of their free will. The courts have implemented the use of mediation as a strategy to assist them in processing these applications. This effective and inexpensive mechanism is a compulsory step in some states before approaching the courts while in other states mediation is highly recommended but not compulsory. Through critical analysis of the law and its effect on family provision claims, it will be depicted that testamentary freedom as a legal right is adversely affected by compulsory mediation.