Family law is a fascinating area of study. It seeks to impose order on the chaos of people’s intimate lives (Herring, 2014). The area of study deals with relatively broad practice of issues that relate with marriage life and blood relations. Family law focuses on issues such as, adoption, divorce, child custody and among others. According to Herring, people seek the advice of a lawyer before getting a house or writing a will. Attorney are hired to represent their clients in the court proceedings. Since family law matters hit so close to home, having a trusted legal attorney by someone side can help one ensure their loved ones are properly represented during any legal process. This paper will deal with the family laws that help to tackle and solve different problems that are faced by different families and their significance.
Firstly, Family law is used to protect the weaker members of the family to get the justice required, for instance, children. Child trafficking have become a reality whereby children who are left with no one to take care of them are denied the right to have a place to call home. The Children’s Act has come to fill in the gaps and has come up with guidelines that regulate adoptions. Adoption is a concept that allows legal means to provide children with home that would protect and fulfill all their dreams. The process of adoption has to go through a very rigorous test before the orders can be granted. Adoption is complex process that differs with the type of adoption, where the child is from and other factors. Therefore, it’s important to consult with a family law attorney.
Secondly, domestic violence is another issues that is faced in a family. A spouse or any other member of the family can be harassed or physically abused. Family law systems are located at the intersection of contradictory gendered expectations. In family courts, abused mothers find themselves in a catch-22 situation where they are expected to separate from their abusers and divorce for the sake of their children (Dragiewicz, 2014). The Protection Against Domestic Violence Act is an act that provide protection and relief of victims of domestic violence. Spouse or children are protected under that law. When allegations of abuse are made, the court will typically issue a restraining order to prevent further contact. Judge will not hesitate to assert jurisdiction to protect any member of the family. All in all family law is included whereby some investigation will be done and laws to be applied to ensure relatively safe environment for those involved.
Thirdly, family law also deals with divorce matter. Today, there is little doubt that “divorce has become an intrinsic part of the family system.” It exist within the family, as it “transforms, rather than ends, family relationships.” (Antognini, 2014). According to Antognini, family law has come to recognize divorce as routine, capturing as a matter of law the reality of families seeking dis-unity. Even as divorce may continue to be normatively contested, it is anything but novel, or exceptional. There is laws that govern, rules and regulation to be followed during the process of divorce. If the court is satisfied on the evidence that petition has been proved, shall pronounce a decree of divorce. The law ensures the process is done in the rightly manner and every spouse is protected under the law. Children who are under parents that are undergoing through divorce are also protected by the law. Such children are given child support, payment are made by a parent for the financial benefit of the child. In some countries child support is often arranged as part of a divorce, marital separation. Attorneys in this case are hired to present their clients and provide arguments in order to win the case. Child custody decisions may sometime be difficult following a divorce, as parents tend to be distrustful of each other at these times. Judges will always decide custody based on the best interest of the child.
Moreover, family law is also applied in estate planning. The practice area of estate planning law involves the drafting of trusts, powers of attorney, and other documents to facilitate transfer of property after death. When estates are not managed and someone dies without a will, their possession will be distributed to the next kin whereby they will have no say in how the property will be divided. Therefore, family law attorney will be needed to help the families decide to create trusts, which is a documents similar to a will.
In conclusion, family law deal with issues involving family relationships which from the above discussion include adoption, divorce, domestic violence, child support, estate planning and among other. Thus, it ensure safe environment for the victims and protect them where rules and regulations are adhered to.
- Gilmore, S., & Glennon, L. (2018). Hayes and Williams’ family law. Oxford University Press, USA.
- Dragiewicz, M. (2014). Domestic violence and family law: criminological concerns. International Journal for Crime, Justice and Social Democracy, 3(1), 121-134.
- Sifris, A., & Parker, A. (2016). Family violence and family law: Where to now?.
- Antognini, A. (2014). Family Unity Revisited: Divorce, Separation, and Death in Immigration Law. SCL Rev., 66, 1.
- Herring, J. (2014). Family Law: A Very Short Introduction (Vol. 379). Oxford University Press.