Essay on negotiations in family law

Essay on negotiations in family law

Length: 2562 words (7.3 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

     Civil Courts prefer to remain impartial towards parental religious beliefs and practices when determining what is in the best interest of a child. Yet, case law makes it clear that the religious practices of the parents and the proposed course of religious education may become relevant factors for the court to consider in determining custody or visitation. Recent statistics indicate that the divorce rate in the United States has reached fifty percent and shows no sign of decline. Polls show that Americans are become more religious and that bi-religious marriages are on the rise. When the parent informs the attorney that the opposing party will attempt to use his or her religious beliefs, practices, or affiliation to discredit the case, the practioner would state that there is no place for marriage in a best interest hearing and that judge would not tolerate such irrelevant evidence. However, the reality is that religious practice may become a relevant factor and to simply dismiss the possibility of religious attack may be detrimental to the parent in any effort to obtain custody or unrestricted visitation. Religious freedom is a sacred ideal in the United States and the protection of those rights is crucial. Amendment 1 of the Constitution of the United States provides that the “Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof.” Every parent is entitled to an objective and bias-free custody or visitation trial. When the opposition’s pleading are filed with critics of the parent’s religion, negative comparisons to cults and other pejorative and conclusory statements, the parents involved will not be able to get a fair hearing. As one court succinctly states “intervention in the matters of religion is a perilous adventure upon which the judiciary should be loath to embark.”
     Everyone knows of nightmare stories about divorce, involving huge legal bills, court battles, seething resentment and emotional scars for all involved. And with such issues as religion which is fundamental to the beliefs of each parents being heard and criticized by the Court that has vague ideas and stereotypes of certain religious practices can make an already difficult experience more difficult. Divorce mediation offers separating couples the chance to work with a neu...


... middle of paper ...


...o find an objective criteria to find a viable solution.
The parties can choose to determine for themselves whether certain practices of religion can adversely affect the child listening to each other’s concerns and what is important to each side in their religious beliefs The main concerns of the parties are proper medical care, college education and activities at school and interaction with Robert’s family that Jennifer’s religious practices may forbid, the parties need to address each other’s concerns and reach an agreement about religious training which allows Bobby to be raised in households that have mutual respect for the religious differences in the other household which will ultimately benefit the child. We live in a pluralistic society. Within the high degree of integration and assimilation, differences continue exist. Full access to both parents may afford the child a bicultural as well as bi-religious experience. Furthermore, there is a value in letting the child see, even at an early age, the religious models between which it is likely to be led to choose in later life. Such religious diversity has also been supported by the judiciary.

     

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Family Law Disputes And The Dissolution Of A Marital Relationship Essay

- According to Statistics Canada, nearly forty percent of Canadian marriages will end in divorce by the time a couple reaches thirtieth anniversary. Moreover, this number does not include cohabiting couples, which if included, would ultimately increase the dissolution rate. Considering the fact that only three percent of cases proceed to trial, negotiation of family law disputes would seem like an ideal solution, particularly considering the fact that the family law matters are perhaps amongst the most complex and highly contested matters as they encompass a wide variety of issues that include but are not limited to, economic, physical, psychological, and emotional issues....   [tags: Negotiation, Dispute resolution, Mediation]

Powerful Essays
994 words (2.8 pages)

Essay on Law Enforcement Officers and Their Families

- Law Enforcement Officers and Their Families The law enforcement officers who protect and serve the local communities have and live stressful lives. How stressful is the occupation of a law enforcement officer in their job and in their personal lives than other occupations. How hard would it be to be a spouse or loved one of a law enforcement officer. Does the public know what goes on in a law enforcement officer's job life and the life of their family. Could the average person handle the daily stress that takes place in the lives of law enforcement officers....   [tags: Law Enforcement ]

Powerful Essays
1652 words (4.7 pages)

The Evolution Of International Environmental Law Essay

- The Evolution of International Environmental Law Human beings have the motivation to protect what they believe is important in their lives. From protecting their own family to their country; they look for their country’s well being. In modern times nations developed to have peaceful relation when interacting with each other, each seeking their own well being. International laws started emerging though history. More recently, when states started figuring out their well being of their environment formed an important part for their people’s well being it became another subject that needed to be under protection....   [tags: Law, United Nations, Environmental law]

Powerful Essays
1375 words (3.9 pages)

My Paths into Law Enforcement Essays

- My Paths into Law Enforcement There are many different career paths that make up the professional field of Law Enforcement in this country and around the world. It has been a dream of mine to be part something that is bigger than myself, that offers the opportunity to help the community I live in. To me, Law Enforcement offers me that chance. It is also the closest thing to the military that I believe will allow me to put to use what I have learned and experienced from my time in the U.S. Army....   [tags: Law Enforcement]

Powerful Essays
1966 words (5.6 pages)

The Law Office Of Burke Essay example

- The law office of Burke, Schultz, Harman, & Jenkinson is nestled within a business park just off of the main road that runs through Martinsburg, West Virginia. It is a small office, and would be easily missed if it were not for two billboards on either side of the business complex that boast “We Play Hardball” – a slogan known to almost everyone within the greater tri-county area in the eastern panhandle of West Virginia. D. Michael Burke, Lawrence Schultz, Ron Harman, and Mark Jenkinson are arguably the most well-known personal injury lawyers in this part of the state due to effective advertising on billboards and the internet....   [tags: Law, Lawyer, Practice of law, Personal injury]

Powerful Essays
1626 words (4.6 pages)

The Make-Up of an Armenian Family Essay

- The Make-Up of a Family “If the family were a fruit, it would be an orange, a circle of sections, held together but separable - each segment distinct.” Letty Cottin Pogrebin So I fully agree with this quotation that a family is a unity of different members and every person in this united circle has a right to decide on his/her lifestyle though this orange rule never works in the Armenian families. Armenian families are not like oranges they are more like peaches....   [tags: Papers, culture, family values]

Powerful Essays
807 words (2.3 pages)

Essay about Spiritual Law

- Spiritual Law She was a spiritual gypsy, a lover of life.  Despite my mom working full-time, we grew up poor, on the dole.  Raising four daughters in rural northern California, it was her essence that kept us together.  She instilled a sense of pride in us through surviving economic hardships, while lauding the social underdog.  Walking off the socially accepted beaten path, my mom demonstrated that life's wonders are available to those who choose to see.   Growing up poor meant doing without the amenities middle-class Americans embrace:  no television, generally no vehicle (which sometimes called for hitchhiking) and no junk food (in fact, my mom could not manage to bake a cake without...   [tags: Law College Admissions Essays]

Powerful Essays
659 words (1.9 pages)

Business Ethics ( Business Law ) Essay

- Business Ethics ( Business Law) Business Ethics are a set of moral principles, that are established by corporations for rules and regulations. Ethics is the discipline dealing with what is good and bad and with moral duty and obligations. Such as employee theft and fraud, dishonesty and loafing on the job, substance abuse, absenteeism. Ethics are moral duties that many people use every day, ethics are the rules or standards principal of conduct how people live life and make decisions. Understanding ethics is observing what you accept as true and then think about how you would alter those beliefs when tested....   [tags: Ethics, Morality, Business ethics, Employment]

Powerful Essays
1107 words (3.2 pages)

Essay on Foundation of Family in Islam

- The foundation of the family in Islam are blood ties marriage arrangement more or less precisely defined. Islam recognized that the first marriage among human has occurred between that Prophet Adam and Hawa. In Islam, marriage is a contract or matrimony contract. A formal, binding contract is considered integral to a religiously valid Islamic marriage, and outline the right and responsibility of a groom and bride. This marriage occurred with a means of communication permitted by Allah S.W.T both of them....   [tags: marriage, contract, wedding, writing]

Powerful Essays
2574 words (7.4 pages)

The Law Works For The Benefit Of Every Man Essay

- In searching for what one might call the “good life”, there are various obstacles along the path to such a state that each individual pursues. Some are unique, characteristic to the individual themselves and their own personal journey. And yet some are unifying, storms we must all weather together; storms like the equality and freedom of mankind, a basic human right and essential to the pursuit of the good life. Although fairness and parity, along with independence, are rights we deserve; the basis for such comes under a nation of free individuals that are protected as such and equally under the law....   [tags: Morality, Sociology, Human rights, Sacrifice]

Powerful Essays
1130 words (3.2 pages)