Saturday, February 1, 2020

Child Law CW Essay Example | Topics and Well Written Essays - 3000 words

Child Law CW - Essay Example For married couples, parental responsibility is shared whereas for unmarried parents,the law gives the mother an upper hand over custody of their child1. The father can acquire parental responsibility by applying for it. Jenny and Philip came into an agreement with Carol on Emily. Carol was the surrogate mother. After the agreement among the parties, Emily was to be taken by Jenny and Philip. The parties came into an agreement and a reasonable contract on expenses was reached among the three of them. It was legal since the three had an agreement as stated by law and it was upon Carol to agree together with her cousin and husband. Carol planned on giving Emily to Jenny and Philip, which was the right as had been agreed over. According to the agreement, Carol needed money and she opted to be a surrogate mother to cater for her financial needs. After the agreed time, the parents(in this case Jenny and Emily) needed to apply for a parental order that was to give them permanent parental r ights over Bobby. Emily was genetically and extendedly related to both parents. The parental responsibility of Bobbywas under Carol. Any child needs the support of parents for physical, social, emotional and educational growth. Steven and Anita had divorced but Bobby needed them for his growth. Bobby at the age of six was aware of what had happened between his parents. Due to the stalemate, parental responsibility was under Carol at that time.Whenever two groups or parties are not in agreement but are determined to coexist peacefully, finding a solution to their squabbles is inevitable. Jenny and Steven came together to look for a resolution but an agreement was not reached. Steven was worried that Bobby may not have lived according to his religious teachings where a boy was to be circumcised at his tenth birthday. Steven did the right thing by seeking a specific court order because of the previous impasse. The court tried to solve the issue because of the application by Steven on h is residency and contact orders. No immediate family member ofBobby was responsible for his parental rights. This was because Bobby lived with his mother and no harm or suffering or inability to support Bobby was reported.The parent had to take care of the right of the child because they were responsible for the child. Immediate family did not have any responsibility of any kind to the Bobby unless after application.Immediate family members could onlyintervene by following the right process. They could not have parental rights of the child without notifying the right people or the court. They had to follow the right channel to get Bobby under their care. Immediate family member had to have reasons that were valid that Bobby was mistreated to be given the parental responsibility. They had to file an application to the court like the Steven did. If Bobby was mistreated or was close to them then they had a high chance of success. They could not assume parental responsibility without co nsent either from the court or both parents. Another reason why their claims did not favour them is the fact that the child’s mother was alive and living with the child at their time of claims. Anita was alive and living with Bobby at that time and Bobby had a good relationship with her. The court was to decide on the best interest of Bobby. A residence order can be applied when a parent want to stay with the child in question2. A contact order

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