Up until the past year or so I was sure that I was going to pursue the path of Family Law once I became an attorney. As a result, I spent a great deal of my time reading over the Maine Revised Statutes to get a better understanding as to what a Family Law attorney would deal with day in and day out. While reading, I immediately became very interested in 19-A M.R.S. §1803; I was unaware that such a law existed, and I was quite surprised that it was in existence. After spending a considerable amount of time analyzing the pros and cons it carries with it, I eventually found that 19-A M.R.S. §1803 is an excellent law as a whole. I came to this conclusion based upon my personal opinion that it is very important for a child to have a relationship with it’s immediate family members while growing up, as long as it does not put the child in harms way. …show more content…
However, as unfortunate as it may be, some parents opt to keep their child(ren) away from family members for reasons that are irrelevant to the child’s well being. With this in mind, I do not find it surprising that Maine law allows for grandparent visitation to take place over the objections of a parent. After all, it is the job of the state to look out for the well being of minors, even if that means trumping the decisions of
The case of The People Vs. Hall in 1854, was about George Hall a white miner, who murdered Ling Sing a chinese miner, over a dispute that they had. It was disputed in the California Supreme Court in 1854, with the majority of opinion delivered by Chief Justice Hugh Murray with the concurrence of Justice Solomon Heydenfeldt. In the hearing, George hall appealed to the verdict, arguing that the 394th section of the Act Concerning Civil Cases provides that no Indian or Negro shall be allowed to testify as a witness in any action or åproceeding in which a white person is a party. The issue with this appeal was that the 394th section of the Act Concerning Civil Cases, did not included chinese or any other different ethnic background that was not listed in that section. For Chinese did not immigrated to America, until 1852, in which they were coming for work after the economic fall out of the Opium War of 1840.
Article 42A.1°1- This article relates to the "natural and imprescriptable" rights of all children. It also continues to mention that the state, albeit as far as practicable, will vindicate the rights of all children. G v An Bord Uchtála2 was a case relating to Article 42.5°3 (which will now be deleted and replaced), related to the "natural and imprescriptable" rights of the child which will now be protected under Article 42A.1. This case which concerned the rights of an unmarried mother saw the Supreme Court trying to expand the rights provided for under the now replaced article with no real continuity. The previous article relating to this placed no real emphasis on State intervention except in exceptional circumstances which will now be changed following the addition of the amended articles. Another interesting aspect of this amended article is the reference to "all children". Previously marital families enjoyed a specific set of rights and it was permissible to discriminate in favour of marital families in some cases. This discrimination arises from the protection offered under Article 41.3.2°4,_________________________________________________...
The system of crime and law enforcement had hardly changed in Britain since the medieval times. Justices of the Peace or JPs were appointed by the Crown since 1361. Before the night watchmen and parish constables were introduced a primitive police force was introduced and the JPs were assisted by constables who only worked part time and were very unreliable as the pay was really bad. The early stages of the force consisted of a night watchmen and parish constables, who were prior to the creation of the main police force. Watchmen were groups of men, usually authorised by a state, government, or society, to deter criminal activity and provide law enforcement. Constables were required to apprehend anyone accused of a felony and bring criminals to a justice of the peace. They also had a general responsibility to keep the peace. There was no expectation that they would investigate and prosecute crimes because of limited responsibility and training. Night watchmen patrolled the streets between 9 or 10pm until sunrise and were expected to examine all suspicious characters. In the City of London, the City Marshall and the Beadles (Parish wardens) conducted daytime patrols. Similar to the night watchmen, primary responsibilities were to patrol and deter, drunkenness, beggars, vagrants and prostitutes and to act as a deterrent against more serious offences. Over the course of this period, the arrangements by which men served as constables and watchmen changed significantly, to incorporate how felons were detected and apprehended.
This law requires states to have a process established for conducting criminal background checks for foster and adoptive parents in order to care for children. It is said that provisions in the law have had an impact on the process of being approved for foster care and adoption. It has slowed down the process for children to be placed with relatives as well. Under the new provisions states are required to conduct ...
From 1860 to 1877, the American people faced several constitutional and social issues. For example, the after-effects of the Civil War, power struggle between the state and federal government, issues with civil liberties and suffrage, the rights of free black men, and resentment of white men, have all become critical issues. These critical issues needed immediate resolutions. Therefore, resolutions were created to solve these problems and those resolutions called for new constitutional and social developments that have amount to a revolution.
A state that undertakes custody of a child is declaring that it can do a better job providing protection. This system is a powerful agent of support, providing positive nurturing environments that enable a child to reach his or her potential. Nonetheless, when children suffer additional abuse in the system, this government intervention should be questioned.
Edmund S. Morgan's The Puritan Family displays a multifaceted view of the various aspects of Puritan life. In this book, we, the audience, see into the Puritans' lives and are thereby forced to reflect upon our own. The Puritan beliefs and practices were complicated and rather "snobbish," as seen in The Puritan Family.
In the essay, “The Godly Family of Colonial Massachusetts”, authors Steven Mintz and Susan Kellogg explains how the Puritan family affected from longer social, constitutional, and economic community which the boundaries were flexible and comprehensive the family assigned to public association. Mintz and Kellogg concludes that the Puritans never thought of the family as an individual unit and separating from a surrounding community for them it was like a fundamental part of a larger political and social world. The Puritan families were fissionable in structure because of an amount of the population been spent part of their lives and other families homes, serving as apprentices, contracted laborers, or assistant also marriages rise out as one of their main events in their lives.
Families have changed greatly over the past 60 years, and they continue to become more diverse.
All the benefits provided by CAPTA are important, but one highly important benefit CAPTA provides for infants and children is that all allegations of child abuse and neglect must be investigated to ensure the well-being and safety of every infant and child. After allegations of child abuse and neglect are reported an investigation is the next step in protecting every child. Another benefit of CAPTA for infants and children is that if the heart wrenching experience of child abuse or neglect occur the state CPS systems and private organizations are trained and prepared to provide treatment for the child. In a like manner, CAPTA provides benefits for women and families by providing support and services that address domestic violence. CAPTA also promotes family involvement in all aspects of a CPS case involving child abuse and neglect. The states benefit by the foundation that CAPTA sets regarding the functioning of CPS systems and in a financial aspect. CAPTA provides funding to “Support child abuse and prevention activities by funding discretionary grants to states and/or public or private agencies or organizations” (California Department of Child Services, 2011). Everyone benefits when CPS systems according to CAPTA policies, “The act’s sponsors meant to feature three important themes of CPS reform in these amendments, including encouraging the involvement of family members in a child welfare agency’s decisions process; promoting and enhancing COS collaboration with domestic violence services and substance abuse treatment programs, and increasing the use of differential response by states through the use of noninvestigative/nonaccusatory approach to responding to reports of child maltreatment” (American Bar Association,
It would have been very dark, they would not have had a watch so they
Manning WD, Smock PJ. 1997. Children's living arrangements in unmarried-mother families. J. Fam. Issues 18:526 44
However, in a New York case, Moe v. Dinkins, involving a 15 year old girl name Maria Moe, and an 18 year old boy name Raoul Roe, who had a baby tried to get married without receiving the consent from Maria’s mother. The statute stated that consent is needed by both parents for a minor to be married. Maria argued that his restriction is against her constitutional right to get married because she will never receive consent from her mother because giving consent would go against her mother’s of personal interest. The The Court concluded that the New York parental consent requirement is rationallyly related to the State’s legitimate interest in mature decision-making with respect to marriage by minors; therefore the parental consent requirement does not violate Maria’s constitutional
Public Law 93-247 is supposed to guarantee a child’s safety when it comes to abuse and neglet. In cases where it is found out that a child has been abuse, the culprit must face the charges and the child in question must be protected of his rights and the details of the case must be confidential in his records. Public programs that are provided by the state must show results for the prevention, identification, and treatment of child abuse and neglect. The right kind of training materials on prevention, identify, and treating child abuse and neglect must be provided for professionals who are considering working with children.
Irish family law has been formulated around the concept of the family as a married heterosexual couple who conceive children within wedlock. This has resulted in the non-marital family not enjoying the full protections of the law. It has only been in the last decade that these families have started to be included in Irish law. It is interesting to examine this development in light of the European Court of Human Rights (ECtHR). Indeed, up until the late 1980s, there was no legal recognition of same-sex relationships in any of the European jurisdictions. While marriage is becoming increasingly available for same-sex couples in Europe, there still remain many jurisdictions where there is no legal recognition. This essay seeks to examine the extent to which the ECtHR has been an impetus for the recognition of the non-marital family in Irish law. Marriage will be discussed here in the context of the basket of rights it bestows. The legal recognition of the non-marital family has implications for different areas of Irish law, such as immigration, adoption, succession.