Family law Essay Example | Topics and Well Written Essays - 1500 words - 1

Family law - Essay Example The major thrust of new legislation introduced through the Children and Adoption Bill 2005 which is derived from the Family Act of 19963 is to promote parental cooperation in ensuring that the child has contact with both parents. However, allowing primary custodial care to one parent – traditionally the mother – has been viewed as a failure of the legal system to ensure the rights of fathers; â€Å"an exercise in absolute futility† for fathers, as stated by Justice Mamby in the case of D4. In many instances, the underlying hostility the parents feel for each other affects the contact arrangements for the children and creates conditions that are not beneficial for them.6 This is the reason why shared residence appears to offer a viable option whereby a child is able to maintain contact with both parents without their mutual animosity affecting the child’s emotional and psychosocial makeup. Moreover, the separated parents may be living with other partners and the facility of shared residence allows each parent to participate in the care of the child while also being able to carry on with their lives and putting the animosity of the former relationship behind them. As a result, shared residence may be viewed as a means to protect the children from the worst effects of separation and the welfare of children is of primary importance, especially as identified in the Children Act of 1989. The concept of shared residence could therefore offer a solution. A child of divorced parents has two homes, one with each parent, such that both parents are able to offer emotional and financial support. Family Courts have traditionally been guided in their decisions by the provisions of the Children Act of 1989, which states that in any provision or decision made by the Courts, â€Å"the child’s welfare shall be the Court’s paramount consideration.†7 Section 11(4) of the Children Act of 1989