Opinion Essay On Family Law

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Family law is an extremely sensitive and controversial topic. One of the most serious topics in family law are disputes regarding children. The child’s best interest should be paramount but this is difficult to determine and creates conflict as it is different for every case and the best for the child might not be the child’s wishes if they are not old enough. In this response, the interest of the child in family disputes will be explored, its effect on stakeholders and their interests, the effectiveness of the current process in the protection and the best interests of the child and recommendations for future legislations.

The Family Law Act 1975 made the child’s interests principal in family cases that involved children as they are greatly affected by divorces, breakups and other major family changes. Divorce is a main cause of distress in a child’s life so that is why the child’s interests are paramount in such cases. Later in 2006 an amendment was issued and it was determined that having both parents involved in the child’s life in equal or at least substantial amounts of time provided that it does not interfere with the child’s best interests is in the …show more content…

Some major stakeholders are; parents, children, grandparents, step parents or new partners and the extended families on both sides. In most cases both parents wish to spend time with their child after divorce and may not wish for the child to associate with the other parent. Step parents or new partners may or may not want the child which may conflict with the parent of the child they are in a relationship with. The grandparents of both parties would like to stay in contact with the child as well as the extended family. Most importantly, the child may prefer to stay with one parent and not the other, but the wellbeing and the best interests of the child may come before its wishes. It may also restrict the capability

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