Sunday 11 January 2009

The Real Thing

I'm currently working on my Legal Research Assessment paper and have collected together all of the statute and case law I will rely on. Reading through it all was a bit of a slog because the leading cases contain very long judgments and require a will of steel to study in their entirety. I'm spoilt for choice a little with the sheer volume of case law available and have the unenviable task of cherry picking the best of them, that will hopefully provide a rounded picture of the family law issues in question. Although it is very tempting to pick cases that I think reach the correct decision, I have forced myself to select a diverse mix of cases and will now have to structure my Advice section around them all. Unfortunately there are no conclusive answers to any of the questions posed, but I imagine that my provider wants more than "it depends" when it comes to the advice.


Family Law is a funny old area of law, it appears that most of the time the Mums do exactly what they want and the courts are extremely loath to enforce any of the Orders that Dad has issued against Mum in an effort to curtail her (sometimes) selfish behaviour. It does seem that divorced Mums punish the father's of their children by preventing access and the courts have the task of trying to smooth things over. I take my hat off to Family Judges, they must feel very frustrated at times and their job requires the patience of a saint. The courts go to great lengths in explaining that both parents are equal and that there is no favouritism towards mothers, but I'm not convinced. Dad goes out to work to provide the income to pay the maintenance and is then denied access because he's works and can't spend the time needed with the kids. It does seem that in many cases the fathers eventually give up trying to see their children, the time, effort and costs (emotional, as well as financial) prove to be fruitless in many instances.


This week it is my turn to be in the dog-house and Barman is very annoyed at the amount of time I'm spending studying. At the moment I'm being punished with the 'silent treatment' which is ok, because it doesn't interfere with my studying:-) I wonder if there is a Section 8 Order that can compel a wife to spend time with her hubby:-)

2 comments:

Swiss Tony said...

BM, I find it interesting that your conclusions match almost exactly with 99% of men I come across, and they are living the experiences you have read about.

In reality though, I have found that common sense and fair play will succeed. Don't turn your back on Family Law because it has its triumphant moments.

As for the silent treatment, where can I get some of that? While trying to study the finer points of Contract Law I have helped hang the washing out, stopped the tv showing subtitles, made coffee, been consulted about lunch, should she go shopping, can she watch the darts finals uninterrupted this afternoon, how much longer will I be, told it is a nice day outside, told that the snow has melted, told that the dog needs a walk, and asked to turn my music down.

Arrrrgggghhhhhhhhh

Swizzle

Minx said...

Glad to see that its all coming together with respect to your Legal Research piece, BM - though I do sympathise when, having collected all the material you deem to be relevant, you find it raises more questions than answers!
I think these things are structured for an either way argument so that even if you are wrong ( provided you are not wrong in the law that you cite, which, of course, is a bit of a disaster)as to the outcome the powers that be can see that you have put considered effort into arriving at your answer, that you have consulted all the proper sources, and have set out what you have to say in a clear ,concise and logical fashion. Reading your post, I am confident that you will be absolutely fine!

With respect to BarMan, give him a hug, even if he's bieng silent and, well, a bit silly ( as men are wont to be on occaision) since you value him beyond all worth. Sometimes its just nice to be noticed as the Rock ( even if pouting!)