Workbook 2 Essay Example

  • Category:
    Law
  • Document type:
    Assignment
  • Level:
    Undergraduate
  • Page:
    3
  • Words:
    2040

FAMILY LAW WORKBOOK

Question 1

The children interests are paramount and the parents are in a better position to look out for the welfare of their children. All children should be raised in a safe and secure environment. Our concept of this environment may vary according to our beliefs, values, and culture. However, according to Pryor and Rodgers (2001) assert that children from families that have separated are more likely to be at risk of an adverse outcome compared to children coming from intact, stable and original families (Pryor & Rogers, 2001).

The evidence of instability include poor social and emotional behavior during their childhood, poor educational outcomes, a high chance of substance abuse, aggressive and anti-social behavior , mental health amongst other factors (Cummings & Davies, 1994). Sophie’s worries are on her children stability, the children’s emotional, social, interactive, material and educational need. Sophie fears are founded on the basis that exposing the children to family conflict before and after the separation may have a negative implication on the children, while at the same time the Sophie and Nic may undergo distressing periods negatively impacting on the children (Amato, 1993).

Despite the fact the Family Law Act (1975) despite supporting a less adversarial system of settling family disputes children may still be negatively impacted by the entire process of separation and divorce. Broken family relationships is one of the risks, because a parent may end up lying to the kid about the reasons for separation and of the children may end up hating their parent for abandoning them or leaving them (Amato & Booth, 1997). However Sophie is bound to separate because they are unhappy in the marriage and she has to do what is bets for the children.

Question 2

The Family Law Act 1975 (Cth) amendments of 2006 adopted the meaning of meaningful relationships between separate parents and children. Under section 60B (1) of the Family Law Act 1975 ‘the benefit of both their parents having the same equal involvement in their lives’. Further section 60CC (2) considers the benefits to the child in having a meaningful relationship with both parents.

Nic should not be worried because in a marriage where children are involved, parents are bound to become attached to their children. Attachment can be defined as a strong bond that develop first between considers the love, affection, and other emotional ties between the child and his or her parents, siblings, and other relatives to be important in determining the manifest interests of the child (Chisholm, 2009). Bonding is the most considerable importance on establishing the nature of children psychological attachment to determine the best disposition for children (Moloney,2009) . Children bond to a particular individual when they seek closeness and physical proximity to the person they perceive serious internal and external pressure to their well-being (Plantiz et al., 2009). Attachment stems from the need to be secure due to the natural relationship that arises between a child and their parents (Carberara et al., 1994).

The ides of disruption of attachment being associated with adjustment problems affecting them psychological ending up being traumatized, short separation and disruption will produce severe and permanent damage. (McIntosh, 2009) The assessment of attachment and bonding in children dependency matter is complex and often misunderstood process. The difference between affectionate relationships, with the presence of psychological bond. (Eric, 2003)

Question 3

Mediation is one form of alternative dispute resolution mechanism: it is not on who is right or who is wrong, or who wins and who loses, but establish a space for the parties to establish a workable solution, that best meet their family unique needs. In mediation the parties seek assistance of a neutral person or persons, isolate disputed issues in order to consider options and alternatives to reach consensual settlement» (Beck & Sales, 2001).

A factor that mediators consider is that if mediation can improve relationships between the parties (Emery et al., 2005). If par ties have better relationships, then presumably they are more likely to comply with mutually agreed on plans (Tyler, 1994). However, critics of the use of mediation in dependency matters have expressed concern that there are few negotiable items in these disputes (Donohue, 1991). «The issue of children’s safety arises primarily from the concern that a compromised solution may not be the best, or even adequate, protection to an abused or neglected child. Compromising on whether or when to return a child home, or whether to allow supervised visits (Freeman, 2000).

Protection of the relationship between a parent and child is recognized as a high priority and intervention should be limited to what is necessary for the safety and wellbeing of the child. Mediation in child supports tends to spare the children the traumas which necessarily accompany divorce. Mediation help spouse to avoid hostile, stressful and traumatic litigation in custody of children and child support. It provides the parties a chance to reach a common goal of having the child best interest which is paramount in a civil manner. Mediation is usually the first attempt to reach child custody and visitation agreement.

Question 4

How much time will Nic have before the process of child support becomes mandatory?

The Child Support Assessment Act 1989 defines the application day and when a child support period start section 7A para 2(a) it is the beginning on the day on which an application for an administrative assessment payable for a child is made under part 4. Nic can use various avenues

  1. Private ordering , Family Law Act 1975 60 b(2)(d) parents should agree about future parenting of their children. Nic and Sophie may decide not to make any formal arrangement , if he wish to memorialize an agreement and the law provides two avenues

  1. Parenting plan, Nic should register to serve as a record tool and make it enforceable as courts consider the agreement as part of background information when disputes arises

  2. Embody an agreement in consent order. The family law court as a procedure in which consents can be made, both Sophie and Nic must have received legal advised. The consent orders are reached after parties have agreed to agreements (Patrick Parkinson 2005.

Before Nic applies to court, he must prove that he has satisfied all administrative requirements with the Department Of Human Service (Child Support) DHS (CSI). If Nic disagree with DHS (CSI). An application can be made to the Social Security Appeal Tribunal SSAT for a review of an objection. When SSAT cannot review Nic can apply to court for orders.

The court can hear an application:

  • For declaration is or not apparent of a child for purpose of paying child support. Form other than periodic amounts

  • urgent application on a payment of child support

  • order the( DH)(CS) to cease collecting from payer salary, withdraw of garnishee notice, collect payers taxation refund, not disburse monies held by payee.(federal circuit court of Australia)

Question 5

5 .a) Per year: $14,968.00

Per month: $1,247.00

Per fortnight: $574.00

Per week: $287.00

b) Per year: $8,728.00

Per month: $727.00

Per fortnight: $335.00

Per week: $167.00

c) Per year: $14,968.00

Per month: $1,247.00

Per fortnight: $574.00

Per week: $287.00

d) Per year: $2,748.00

Per month: $229.00

Per fortnight: $105.00

Per week: $53.00

Question 6

The provision of legislation of shared custody, split custody. Under the scheme, money paid directly to the agency or automatically withheld from a parent’s wages is paid into a trust account. Automatic withholding has proved to be the most effective method of ensuring payment, such withholding are only applicable in one quarter of matters, either because arrangements have not been finalized with employers or the custodian is not a pay-as-you-earn taxpayer. The Department of Social Security draws on this money and distributes payments twice a month.

The child support obligation is administratively assessed by the Child Support Agency according to a formula. The amount is quantified according to the number of children for whom there is an obligation, based on the taxable income of the noncustodial parent (and in some circumstances the custodial parent), with an amount exempted for living expenses (Rhoades, 2000). The exempted amount is approximately $7,500 Australian dollars (Aus.) and is almost doubled when a noncustodial parent has the ongoing care of a natural or adopted child. (Marsha, 1999).

The remaining amount of taxable income is multiplied by the appropriate child support percentage. Where children are in the primary care of one parent, the percentages are: 18 percent of taxable income for one child, 27 percent for two, 32 per cent for three, and up to 36 percent for five or more. The percentages are based on the proportion of family in come normally spent on children in a two-parent family, plus a number of additional factors that apply to separated families.

The salary percent ages do not vary with the age of the child. Child-raising expenses are not considered to be directly proportional to incomes over a certain level. Accordingly, a cap is imposed on the formula, so that the extreme amount cannot exceed the responsibility due by a non-custodial parent earning two-and-a half times average earnings (approximately $75,000 (Aus.) ( Marsha, 19991.)

Courts are not allowed to make child maintenance orders at first instance, and applications for withdrawal from administrative assessment are limited to barely distinct conditions (Dickey, 1997). The child support legislation provides for a quantity of disparities from the basic formula. One variation, occasioning in lesser disbursements by the noncustodial parent, happens when the income of the custodial parent is unavailable into account.

References

Amato, P. (1993). Children’s adjustment to divorce: Theories, hypotheses and empirical support. Journal of Marriage and the Family. 55, 23-28

Amato, P. & Booth, A. (1997). A Generation at Risk: Growing up in an Era of Family Upheaval. Cambridge Mass: Harvard University Press.

Beck, C. J. A., & Sales, B. D. (2001). Family mediation: Facts, myths, and future prospects. Washington, DC: American Psychological Association.

Carbrera,, N., Tamis-LeMonda, C., Bradley, R., Hofferth, S. & Lamb. M. (2000). Fatherhood in the twenty-first century. Child Development. 71,(1) 127-136.

Chisholm, R. (2009). The Meanings of ‘meaningful’ within the Family Law Act Amendments of 2006: A Legal Perspective. Journal of Family Studies 15 (1), 60-66

Cummings, E.& Davies, E. (1994). Children and Marital Conflict: The Importance of Family Dispute and Resolution. New York: Guildford

Dickey, A. (1997) Family Law, 3rd ed. Sydney: LBC Information Services

Donohue, W. (1991) Communication, Marital Dispute and Divorce Mediation, Hillsdale, NJ: Erlbaum.

Emery, R. E., Sbarra, D., & Grover, T. (2005). Divorce mediation: Research and Reflections. Family Court Review, 43, 22–37.

Eric G. M. (969). The assessment of bonding in child custody and dependency cases. New York: Basic Books

Family Law Act (1975)

Freeman, M. B. (2000) Divorce Mediation: Sweeping Conflicts under the Rug, Time to Clean House University of Detroit Mercy Law Review, 78: 37.

Harry D. K. (1983), Reflection on child support. Family Law Quarterly 17 (2), 109-132

Irwin, G. & McLanahan S. (1990), The effects of child support provision of the family support act of 19988 on child well-being, Population Research and Policy Review 9(3), 205-234

Marsha G. (1999). Child support policy: guidelines and goals, Family Law Quarterly, 33 (1) 157-189 http://www.jstor.org/stable/25740198

McIntosh, J.E. (2009). Four young people speak about children’s involvement in family court matters. Journal of Family Studies 15 (1), 98-103

Moloney, L. (2009). Meaningful Relationships: Of law, love and biology. Journal of Family Studies 15 (1), 2-8

Parkinson, P. (2005). Symposium on comparative custody. Family Law quarterly, 39(2). 507-525

Parkinson, P. (2007). Reengineering the child supports scheme.an Australian perspective on the British government proposals. The modern law review 70 (5), 812-836

Pearl, D. (1987). Family law act 1986, part 11. The Cambridge law journal 46 (1), 35-38

Plantiz, J.M., Feeney, J.A. & Peterson, C. (2008). Attachment patterns of young adults in step families. Journal of Family Studies 15 (1), 82-97

Pryor, J. & Rodgers, B. (2001). Children in Changing Families: Life after parental Separation. Oxford: Blackwell

Rhoades, H. (2000).Posing as reform: the case of the Family Law Reform Act. Australian Journal of Family Law, 14, 2 142-159

Workbook 2

Rosemary. H. (2003). Policy assumptions and research evidence in family law, Journal of law and society, 30(1), 156-176

Tyler, T. (1987) The Psychology of Disputant Concerns in Mediation. Negotiation Journal, 3: 367-374.