family law essay

Policing “Bad” Mothers

• I. Bennett Capers

The Unpragmatic Family Law of Marginalized Families

• Mariela Olivares

Pragmatic Family Law

• Clare Huntington

Ziccarelli v. Dart

Seventh Circuit Entrenches Conduct Categories for FMLA Interference Claims.

Three’s Company, Too: The Emergence of Polyamorous Partnership Ordinances

In the best interests of the child asylum-seeker: a threat to family unity, the new maternity.

• Courtney Megan Cahill

On Trust, Law, and Expecting the Worst

• Elizabeth F. Emens

The Macroeconomic Impact of FamilyPay

• Gladden Pappin
• Maria Molla

Sex and the Schoolhouse

• Melissa Murray

Law Library

Study Aids for Law Students

• Aspen Learning Library - Formerly the Wolters Kluwer Online Study Aids Library
• AudioCaseFiles
• LexisNexis Digital Library
• Themis Law School Essentials
• Bar Exam Sample Essays
• Sample Exams
• Black Letter Outlines
• Emanuel CrunchTime
• Emanuel Law Outlines
• Examples and Explanations
• Gilbert Law Summaries
• Glannon Guides

Many state bar associations post former bar exam essay questions and sample answers on their websites. These model answers are useful for studying for the bar and final exams.

Search online for state bar exam questions and answers, or use the list provided at the bottom of this page. Access is free.

• Try writing a response to a practice question, then comparing your response to the model answer.
• Some bar exam questions require the application of state law (e.g., California civil procedure), and may not be helpful if you are studying federal law. Read the question carefully. 
• Subject coverage will vary by exam and by state.

1L Subjects:

• Civil Procedure (federal and state questions)
• Constitutional Law
• Contract Law
• Criminal Law

2L/3L Subjects:

• Business Organizations
• Conflict of Laws
• Criminal Procedure
• Family Law/Community Property
• Professional Responsibility/Ethics
• Secured Transactions (Uniform Commercial Code 2)
• Wills & Trusts

Sample Exam Questions & Answers By State

• Mississippi
• Pennsylvania
• UBE  (Many of the states on this list administer the UBE, but the states offer more recent model essay answers than the UBE)
• << Previous: Themis Law School Essentials
• Next: Sample Exams >>
• Last Updated: Jan 27, 2022 9:12 AM
• URL: https://guides.law.byu.edu/studyaids

System Links

Connect with us.

#BYUlawlibrary

BRIGHAM YOUNG UNIVERSITY

© 2012-2017+. All rights reserved. | Provo, UT 84602 | 801-422-3593

Family Law Essay Examples and Topics

The case of lloyds bank v rosset and the law on the property rights of couples, divorce and the choice of the child, standards of child custody dispute, religious-only weddings in family law, impact of “ignite your power…” by eric thomas.

• Words: 1120

Impact of Global Trends on Problems Facing the Foster Care System

Policy brief: new child care legislation, inheritance laws in the uk.

• Words: 1727

The Family Educational Rights and Privacy Act’s Role

• Words: 2226

Case Study: Parental Dispute

• Words: 3203

Paid Family Medical Leave in America

The texas abortion law: a signal of war on women’s rights and bodies.

• Words: 1728

Determining the Applicable Law on Family Matter

Divorce process, its complexities and aspects, parent’s right to travel out of the country, alternatives to visitation in the event of a divorce, adoption veto: the case of annette, legal regulation of child protection in the us, prenuptial agreement and divorce proceedings, different cases on family law, children in foster care, family law: presumptions, obligations: child support, family relationship, childhood delinquency, criminality.

• Words: 1396

The Economics of the Baby Shortage

United states v. windsor case, family law and matrimonial practices.

• Words: 2110

External Fraud Overview and Analysis

Bankruptcy and domestic support obligations.

• Words: 2551

Legal and Ethical Ramifications of Internet Adoptions

• Words: 8083

Federal Law Regulate Assisted Reproduction

• Words: 1144

Law for People With Disabilities in California

In defense of marriage act 1996, parental rights terminating: reasons and procedures.

• Words: 2502

Paternity Test from Legal Viewpoint

• Words: 1680

The Divorce Law: Tom and Louis’ Case

• Words: 1035

Marriage Lawsuit in the State of Florida

Should we reform laws to make divorce harder.

• Words: 2201

Main Causes for Divorce

Family law in south africa and saudi arabia, child trafficking, its types and mechanisms.

• Words: 1208

Family Law: Spousal Support After Divorce in Canada

• Words: 1509

Websites for Special Education-Related Litigation

Family and domestic violence legislation in the us, local domestic violence victim resources in kent, family laws in the uk, south africa, saudi arabia.

• Words: 2279

New Jersey’s Bill on Child Abuse and Neglect

• Words: 1354

Child Abuse and Protective Act in Idaho

Inter-country adoption legitimacy.

• Words: 1361

United States v. Windsor – Homosexual Rights

• Words: 1150

Family Educational Rights and Privacy Act

Family law act 1996 in human services.

• Words: 1676

Judicial Views about Polygamy

• Words: 3664

Family Centred Practice in Child Protection Services

• Words: 1098

The Defense of Marriage Act (DOMA)

• Words: 1402

Children Internet Protection Act

Foster care in the criminal justice system.

• Words: 1780

Defense of Marriage Act

The flaws and gaps of the divorce reform, divorce made easy: legal system support, gay marriage as a civil rights issue, the case of the ownership of the violin, anti-same-sex marriage laws and amendments violate the constitutional guarantees of equality for all citizens of the united states.

• Words: 1182

A Critical Discussion of the Family Medical Leave Act

• Words: 1001

• 0 Shopping Cart $ 0.00 -->

Struggling with bar exam essay writing? Attend our LIVE Essay Writing Workshops on June 15th or 16th! Watch an expert walk through real bar exam essays and submit your own for feedback!

Learn to study efficiently for the bar exam with our free guides on how to pass the MEE and MBE ! Plus memorize all of the MPT formats with our attack outlines !

Overwhelmed by your bar exam outlines? Our expert-crafted, highly-tailored bar exam outlines are now available for individual purchase! It’s not too late to change your approach!

Tips for Family Law On The Multistate Essay Exam

This time in our MEE tips series we address Family Law.  When thinking about Family Law on the Multistate Essay Exam, consider two questions. How is it tested, and how often is it tested?  In the last 10 years (20 administrations), we’ve seen Family Law on the Multistate Essay Exam a total of 11 times.  Family Law began that stretch as virtually certain to appear, showing up on 7 MEEs in a row.  It has been relatively more uncommon since then and is certainly not a guarantee on every MEE exam. (If you are curious about the evolution of the MEE and why family law is tested less now, read this article .) However, because Family Law is regularly tested (even if it is not tested every exam) it is important to have an understanding of the topic on teh MEE.

Standard disclaimer: make sure you are preparing for all of the subjects!  Statistics regarding the frequency we see Family on the Multistate Essay Exam should be used in determining how much to study for the subject, not whether to study for it at all.  Spend the most time on the subjects that are the most likely to come up.  But do not ignore any subject!

Here are the most commonly tested topics in Family Law on the Multistate Essay Exam:

Child Custody and Support

If you see a custody determination case in Family Law on the Multistate Essay Exam, remember that this requires an analysis of the best interests of the child factors.  The court will only modify custody if there has been a substantial change in circumstances .   The same is true if one is requesting a modification of child support.  There is a separate list of factors that must be considered when determining a child support award.

Property Distribution

Although marriage and divorce law are not heavily tested in Family Law on the Multistate Essay Exam, the division of property in the event of a divorce is.  In a majority of states, marital property is divided at divorce but separate property is not.  Under the majority approach, marital property is property made during the marriage.  Separate property includes property acquired before the marriage, an inheritance, or a gift.  A premarital agreement that includes a division of property will be honored so long as it is voluntarily made, not unconscionable, and if full disclosure of assets and obligations was made.

Spousal Support (aka Alimony)

Alimony can be permanent, temporary, or granted in a lump sum.  All states consider many factors, with the parties’ financial resources and needs, marital contributions, and marital duration being relevant in almost all jurisdictions.  These awards are not final and can be modified if there has been a substantial change in circumstances.

Jurisdiction and Binding Court Orders

A court does not need jurisdiction over both spouses to issue a divorce decree.  If the plaintiff spouse is domiciled in the forum state, or the state has some long-term connection between at least one of the parties to the marriage, then that state will have jurisdiction.  However, a court must have jurisdiction over the defendant spouse in order to issue a binding property division or support order.

In Family Law on the Multistate Essay Exam questions, both the Uniform Interstate Family Support Act (UIFSA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) are generally applied.

• The UIFSA governs child support.  Once a child support order is registered, it may be enforced by any state.  The state that originally issued a child support order has exclusive jurisdiction to modify the order if the state remains the residence of the obligee, the child, or the obligor, and at least one of the parties does not consent to the use of another forum.
• The UCCJEA governs child custody orders.  This statute incorporates various tests.  Under the Home State test, the “home state” has exclusive jurisdiction to modify a decree.  A home state is a state where the child has lived with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of the child custody proceeding.  A home state continues to have exclusive jurisdiction to issue a custody order for six months after a child leaves the state, so long as a parent (or person acting as a parent) still lives in the state.  The Significant Connections test applies if a child has no home state.  Under this test, a state may exercise jurisdiction based on (1) significant connections with the child and at least one parent; and (2) the existence of substantial evidence relating to child custody in the forum jurisdiction.

Seeking MEE Expertise?

🌟 Freebies & Discounts

• Free Bar Exam Resource Center : Explore for leading guides, articles, and webinars.
• Expert-Crafted Bar Exam Guides : Unveil insights on high-frequency MEE topics and strategies for success.
• Free Webinars : Engage with top bar exam experts.

🔥 Top-Rated MEE Resources

• MEE One-Sheets : Boost your confidence with our most popular bar exam product!
• Bar Exam Outlines : Our comprehensive and condensed bar exam outlines present key information in an organized, easy-to-digest layout.
• NEW MEE Mastery Class : Unearth focused, engaging reviews of essential MEE topics.
• Bar Exam Crash Course and Mini Outlines : Opt for a swift, comprehensive refresher.
• MEE Private Tutoring and feedback : Elevate your approach with tailored success strategies.
• MEE Course : Preview our acclaimed five-star program for unmatched instruction, outlines, and questions.

🔥 NEW! Dive deep into our Repeat Taker Bar Exam Course and discover our unrivaled Platinum Guarantee Pass Program .

Related posts

• Privacy Policy
• Terms of Use
• Public Interest

By using this site, you allow the use of cookies, and you acknowledge that you have read and understand our Privacy Policy and Terms of Service .

Cookie and Privacy Settings

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

• Privacy Overview
• Strictly Necessary Cookies

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.

Essay Service Examples Law Legal Systems

Family Law essays

11 samples in this category

Criticism of the Law under MCA 1973: Reforms on Family Law and Divorce

Surrogacy within family law, family law in australia: society work and surrogacy.

800+ verified writers can handle your paper.

The Peculiarities Of Islamic Family Law

International family law and litigation, family law and constitution.

The Aspects Of Family Law

Family law in african jurisprudence, features of scottish family law, the need for a uniform civil code in india, expanding the recognition of family relationships through law.

Top similar topics

Join our 150k of happy users

• Get original paper written according to your instructions
• Save time for what matters most

Fair Use Policy

EduBirdie considers academic integrity to be the essential part of the learning process and does not support any violation of the academic standards. Should you have any questions regarding our Fair Use Policy or become aware of any violations, please do not hesitate to contact us via [email protected].

QUB LAW SOCIETY'S EIGHTEENTH EDITION

V  E  R  D  I  C T

• Oct 19, 2020
• 11 min read

Family Law 3113 Coursework Essay (Awarded an 80)

Updated: Nov 3, 2020

Submitted by: Thomas Brangam

‘Is the welfare principle in need of urgent reform?’

Introduction

The welfare principle, or the principle of paramountcy, has been described as the ‘golden thread’ [1] running through court decision-making in child welfare cases. The Children Act 1989 (CA) [2] codified this principle, which establishes that the child’s welfare is the ‘paramount consideration’ [3] for a court when deciding upon any matter relating to that child’s upbringing, or the administration of their property.

However, it may be contended that the welfare principle is in need of reform, as the principle’s vagueness arguably leads to inconsistencies in its application by the courts. Equally, it may be maintained that the welfare principle negates the rights of parents under the Human Rights Act 1998, [4] by placing the welfare of the child above all else.

Yet, whilst some reform may be beneficial, it is not convincing to argue that reform is an ‘urgent’ necessity. Specifically, the flexibility of the welfare principle is necessary in accommodating fair judgments on a case to case basis, and the principle itself is not necessarily incompatible with the rights of parents. Therefore, these issues will be addressed sequentially, and following this, the matter of reform will be examined.

The Welfare Principle’s Flexibility

Lord MacDermott stated in J v C [5] that the paramountcy principle entails a process in which after the relevant facts, wishes and circumstances are considered, the resulting judgment will be ‘most in the interests of the child’s welfare.’ [6] However, there is difficulty in consistently determining what is within a ‘child’s welfare,’ and subsequently in deciding what weight to attach to certain factors when doing so. For example, there is no definitive authority which clarifies if the ‘physical, emotional and educational needs’ [7] of a child should be afforded greater consideration than ‘the wishes and feelings of the child concerned.’ [8]

Moreover, there is no guideline concerning when a court should regard particular elements of a case when making a section 8 order. [9] Davis and Pearce illustrate this point, by giving the example of an unreported case in which the judge arbitrarily held that a child of seven was too young for her wishes to be taken into account. [10] However, it should be noted that a child’s wishes and concerns are considered in ‘light of his age and understanding.’ [11] Hence, it may have been the case that the court could not conclusively discover the feelings of the child due to their immaturity.

Yet, Eekelaar contends that the welfare principle allows for judgments to be driven by ‘untested assumptions about what is good for children.’ [12] For example, Neill LJ in Re M (Child’s Upbringing) [13] held that a child should be returned to South Africa to his biological parents, who had been forced to give him up due to South Africa’s political instability in the 1990s. This decision was made irrespective of the fact that removal from his English foster mother would be traumatic. Thus, as Eekelaar suggests, the court’s judgment may have been based solely on ‘sympathy with the plight of the natural parents.’ [14]

However, this criticism holds little merit, as it is founded on speculation. In other words, just as it cannot be definitively evidenced that judges remain completely impartial in child welfare cases, it follows that it also cannot be evidenced that judges allow their prejudices to influence their decisions. Thus, this criticism is limited by the lack of empirical evidence supporting it.

Nevertheless, Mnookin argues that the imprecision of the welfare principle leads to delayed proceedings and increased costs. [15] Indeed, if a court is to make a ‘justified’ decision as to what parent a child should live with, the possible outcomes for the child must be considered, as well as the probability of those outcomes. However, this assertion is limited in value, as it is often clear as to the decisive factor behind a court’s decision. Parker supports this notion by giving the example that in cases where one parent has harmed the child, or the other parent, then it is evident that the child should reside with the non-offending parent. [16]

Moreover, the flexibility of the welfare principle allows the courts to reach fair and justified decisions in cases which by nature, are fact sensitive. For example, in Re C (A Child), [17] the Court dismissed a mother’s application for a prohibited steps order with sought to prevent the Christian baptism of her ten-year-old child whilst in the father’s custody. Yet, because the child wished to be baptized, HHJ Platt reasoned that the child’s welfare was best served ‘by allowing her to be enrolled in a baptism class and to present herself for baptism.’ [18]

Accordingly, Bevan observes that given the limited authority available to the Court on prohibited steps orders, the flexibility of the welfare principle accommodated a judgment that was ‘respectful and sensitive.’ [19] Hence, whilst the welfare principle may be criticised as vague by academics, this very flexibility is required in practical application. As Herring also notes, this flexibility does not necessarily produce uncertainty, as the welfare principle is ‘one of the most accurately understood legal principles among the general public.’ [20]

The Rights of Parents

The rationale of the paramountcy principle is perhaps best justified by the doctrine of ‘parens patriae,’ [21] which calls for the state to protect vulnerable members of society who cannot protect themselves. However, in Re P (Contact: Supervision), [22] the Court held that it was concerned ‘with the interests of the mother and the father only in so far as they bear on the welfare of the child.’ [23]

Therefore, it may be argued that the welfare principle compels reform, as it is too ‘individualistic’ [24] in its consideration of the rights of the child. Thus, as Choudhry and Fenwick observe regarding the rights of parents, ‘In many cases, Article 8 remains the dog that fails to bark.’ [25]

However, the individuality of the welfare principle does not mean that the rights of parents are not protected in any sense. Indeed, the welfare principle does not infringe upon parents’ rights on a ‘day-to-day’ [26] basis, and only applies where a court is deciding upon a matter relating to the child’s welfare. Moreover, a court may only grant a care or supervision order, if the child is likely to suffer, or is suffering significant harm. [27]

Furthermore, it cannot credibly be maintained that the rights of parents are not given any consideration in child welfare cases. For example, in Re T (Wardship: Medical Treatment) , [28] Butler-Sloss LJ held that where an infant required a potentially lifesaving liver transplant, that ‘The welfare of the child depends upon his mother.’ [29] Hence, because the mother did not consent, the procedure could not be forced.

Yet, it may also be said that this judgment illustrates the potential danger of placing the rights of parents in too privileged of a position in child welfare cases. Indeed, in a case where medical opinion was that the operation was in the child’s best interests, it would appear strange as to why such importance was given to the mother’s wishes. Specifically, it appears unfair that the qualified article 8 [30] rights of the parents overruled the child’s absolute right to life. [31] However, it should be noted that the parents were healthcare professionals, and thus were informed as to the complications that the procedure may have. Roch LJ also noted that ‘distress and uncertainties’ would certainly entail if the procedure was ordered. [32]

Nevertheless, the paramountcy principle is not unjustified in placing the rights of children above all else. Principally, this is because by virtue of being young and vulnerable, children should be afforded rights above those that they may have if they were mature and capable adults. This argument is supported by Mason and Steadman’s observation, that children remain a ‘muted group, denied participation in major political and legal systems.’ [33]

Therefore, it does not seem overly persuasive to state that ‘urgent’ reform is required. Instead, as has been illustrated, the rights of parents are not always infringed in practice by the paramountcy principle. Equally, the wishes of parents may be granted noteworthy significance in cases which merit such considerations.

Potential Reform

Firstly, Reece claims that the welfare principle should be discarded entirely, and replaced with an agenda that recognises the child as a ‘single participant in a process in which the interests of all the participants count.’ [34] However, this proposal is not entirely reasonable, as Reece fails to consider that the participation of the child in judicial proceedings is subject to that child’s ‘intelligence and understanding.’ [35]

Put differently, a model which places a child’s rights, regardless of their age, on a level equivalent to the rights afforded to mature adults, is one which does not give adequate consideration to the vulnerability of children. Thus, Reece’s reform is inadequate, as it does not reflect the fact that international human rights law and family law recognises children as, ‘among the most vulnerable members of society.’ [36]

Yet, Bainham suggests that the welfare principle should be reformed to classify the interests of parents and children as ‘primary or secondary.’ [37] Therefore, the ‘level’ of a parties’ interest would be accounted for in the balancing of rights. This proposed reform bears resemblance to the approach outlined by the UN Convention on the Rights of the Child, [38] which classifies the interests of the child as a ‘primary consideration’ [39] as opposed to being paramount.

However, this model is also inappropriate, as Bainham does not elaborate as to what would occur when two primary interests conflict. Moreover, if Bainham aims to remedy the vagueness and alleged uncertainty of the welfare principle through this reform, he may contradict himself by requiring courts to subjectively categorise interests as primary or secondary.

Nevertheless, a more convincing model of reform is Herring’s ‘relationship-based welfare.’ [40] This model would entail greater consideration of the interests of parents, whilst not necessarily compromising the rights of children. Specifically, as families are based on mutual co-operation, this would mean that children would not be entitled to require substantial sacrifice from parents in exchange for small benefits.

Moreover, the implementation of this approach may prove beneficial, as it allows the balancing of rights to be viewed as less of a conflict, and more as a mechanism in deciding what the proper relationship is to be imposed by a court. This reform would also allow the courts to give greater effect to the theory that, where possible, children should be raised and cared for within their own families. Indeed, this seems appropriate, as the Government has recently implemented new plans which aim to reduce the number of children taken into care. [41]

However, it may be argued that this approach would cause little difference in practice. This is due to the fact that the rights of the child would still be paramount, and the courts would enjoy discretion as to when the child would not be entitled to compromise the rights of the parents for ‘minor benefits.’ [42] Yet, such reform would seem justified as a matter of principle.

Particularly, it is evident that respect must be given to the rights of parents, and thus this approach may further facilitate this in practice. Moreover, this reform may also give effect to Elster’s credible proposal, that whilst the welfare of children should be privileged, the enforcement of a child’s welfare should avoid doing excessive harm to others. [43]

In conclusion, the flexibility of the welfare principle is a necessity, due simply to the sensitive and factually varied nature of child welfare cases. Indeed, it would not seem that this flexibility leads to inconsistencies in application of the welfare principle by the courts, but instead allows for judgments that are fair and justified.

Equally, the welfare principle does not ‘negate’ the rights of parents by assigning the welfare of the child as paramount. Instead, it would be more convincing to argue that the welfare principle does not give effect to the interests of parents to the degree that it perhaps should.

Therefore, whilst urgent reform of the welfare principle is unnecessary, the implementation of a relationship based approach would appear most appropriate. Whether this approach would lead to any difference in case outcome is questionable. However, the implementation of Herring’s suggested model would at least further ensure that the rights and interests of parents are given some reflection in future child welfare cases.

Bibliography

Gilmore S, Glennon L, Hayes And Williams’ Family Law (6th edn, Oxford University Press 2018).

William Macpherson, A Treatise On The Law Relating To Infants (Philadelphia, John S Littell 1843).

Gillick v West Norfolk and Wisbech Area Health Authority and Another [1986] AC 112.

J v C [1970] AC 668.

Re C (A Child) [2012] EW Misc 15 (CC).

Re M (Child's Upbringing) [1996] 2 FLR 441.

Re P (Contact: Supervision) [1996] 2 FLR 314.

Re T (Wardship: Medical Treatment) [1997] 1 FLR 502.

Journal Articles

Bainham A, ‘Non-Intervention and Judicial Paternalism’, in P. Birks (ed), The Frontiers of Liability (Oxford University Press, 1994).

Bevan C, ‘Is Welfare Faring Well? In Praise Of The Welfare Principle: A Case Study From Romford’ (2012) 42 Family Law.

Choudhry S, Fenwick H, ‘Taking the rights of parents and children seriously: confronting the welfare principle under the Human Rights Act’ (2005) 25 Oxford Journal of Legal Studies.

Davis G, Pearce J, ‘The Welfare Principle In Action’ (1999) 29 Family Law.

Eekelaar J, ‘Beyond The Welfare Principle’ (2002) 14 Child and Family Law Quarterly.

Elster J, ‘Solomonic Judgments: Against the Best Interests of the Child’ (1987) 54(1) University of Chicago Law Review 1045.

Herring J, ‘Farewell Welfare?’ (2011) 27 Journal of Social Welfare and Family Law.

Herring J, ‘The Human Rights Act and the welfare principle in family law - conflicting or complementary?’ (1999) 11(3) Child and Family Law Quarterly.

Mason J, Steadman B, ‘The Significance Of The Conceptualisation Of Childhood For Child Protection Policy’ (1997) 46 Family Matters.

Mnookin R, ‘Child-Custody Adjudication: Judicial Functions In The Face Of Indeterminacy’ (1975) 39(3) Law and Commentary Problems.

Parker S, ‘The Best Interests Of The Child: Reconciling Culture And Human Rights’ (1994) 8 International Journal of Law, Policy and the Family.

Reece H, ‘The Paramountcy Principle: Consensus or Construct?’ (1996) 49 Current Legal Problems 267.

Legislation and Other Instruments

Children Act 1989.

Human Rights Act 1998.

UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577.

Baum J, ‘In The Child's Best Interest?: The Consequences Of Losing A Lawful Immigrant Parent To Deportation’ (University of California, Berkeley, School of Law 2010) .

Websites and Online Articles

‘New Projects To Strengthen Families And Keep Children Out Of Care’ ( GOV.UK , 2019) <https://www.gov.uk/government/news/new-projects-to-strengthen-families-and-keep-children-out-of-care> accessed 28 November 2019.

[1] Stephen Gilmore, Lisa Glennon, Hayes And Williams’ Family Law (6th edn, Oxford University Press 2018), p 464. [2] Children Act 1989. [3] ibid, s 1(1). [4] Human Rights Act 1998, art 8. [5] [1970] AC 668. [6] ibid, p 710-11. [7] Children Act (n 2), s 1(3)(b). [8] ibid, s 1(3)(a). [9] ibid, s 8. [10] Gwynn Davis, Julia Pearce, ‘The Welfare Principle In Action’ (1999) 29 Family Law. [11] Children Act (n 2), s 1(3)(a). [12] John Eekelaar, ‘Beyond The Welfare Principle’ (2002) 14 Child and Family Law Quarterly. [13] [1996] 2 FLR 441. [14] Eekelaar (n 12), p 237. [15] Robert Mnookin, ‘Child-Custody Adjudication: Judicial Functions In The Face Of Indeterminacy’ (1975) 39(3) Law and Commentary Problems, p 226-93. [16] Stephen Parker, ‘The Best Interests Of The Child: Reconciling Culture And Human Rights’ (1994) 8 International Journal of Law, Policy and the Family. [17] [2012] EW Misc 15 (CC). [18] ibid, [64]. [19] Chris Bevan, ‘Is Welfare Faring Well? In Praise Of The Welfare Principle: A Case Study From Romford’ (2012) 42 Family Law, p 1143. [20] Jonathan Herring, ‘Farewell Welfare?’ (2011) 27 Journal of Social Welfare and Family Law, p 168. [21] William Macpherson, A Treatise On The Law Relating To Infants (Philadelphia, John S Littell 1843), p 83. [22] [1996] 2 FLR 314. [23] ibid, p 328. [24] Jonathan Herring, ‘The Human Rights Act and the welfare principle in family law - conflicting or complementary?’ (1999) 11(3) Child and Family Law Quarterly, p 225. [25] Shazia Choudhry, Helen Fenwick, ‘Taking the rights of parents and children seriously: confronting the welfare principle under the Human Rights Act’ (2005) 25 Oxford Journal of Legal Studies, p 454. [26] Herring (n 24). [27] CA (n 2), s 31. [28] [1997] 1 FLR 502. [29] ibid, p 249. [30] HRA (n 4), art 8. [31] HRA (n 4), art 2. [32] Re T (n 28) p 256. [33] Jan Mason, Bronwyn Steadman, ‘The Significance Of The Conceptualisation Of Childhood For Child Protection Policy’ (1997) 46 Family Matters, p 31. [34] Helen Reece, ‘The Paramountcy Principle: Consensus or Construct?’ (1996) 49 Current Legal Problems 267, p 303. [35] Gillick v West Norfolk and Wisbech Area Health Authority and Another [1986] AC 112, p 186. [36] Jonathan Baum, ‘In The Child's Best Interest?: The Consequences Of Losing A Lawful Immigrant Parent To Deportation’ (University of California, Berkeley, School of Law 2010), p 36. [37] Andrew Bainham, ‘Non-Intervention and Judicial Paternalism’, in P. Birks (ed), The Frontiers of Liability (Oxford University Press, 1994). [38] UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577. [39] ibid, art 3. [40] Herring (n 24), p 233. [41] ‘New Projects To Strengthen Families And Keep Children Out Of Care’ ( GOV.UK , 2019) <https://www.gov.uk/government/news/new-projects-to-strengthen-families-and-keep-children-out-of-care> accessed 28 November 2019. [42] Herring (n 24), p 233. [43] Jon Elster, ‘Solomonic Judgments: Against the Best Interests of the Child’ (1987) 54(1) University of Chicago Law Review 1045.

Recent Posts

First Class Tort Law 2042 Essay (Awarded an 82)

First Class Land Law 2045 2022 Take Home Exam (Awarded an 80)

Family Law 2059 Essay (Awarded 87)

Law Student

Howard c. schwab memorial essay contest, about the contest, the purpose of the howard c. schwab memorial essay contest is to create greater interest in the field of family law among all law students, and particularly the law student division of the american bar association..

This annual contest, conducted by the ABA Section of Family Law, was established by the Toledo Bar Association and the Ohio Bar Foundation as a memorial to Howard C. Schwab, a Past President of the Toledo Bar Association and Past Chairman of the Family Law Committee of the Ohio Bar Association. He was Chairman-Elect of the Section of Family Law at the time of his death on February 24, 1969. In 1985, the Section of Family Law assumed full responsibility for sponsoring this contest.

Each year, the Section of Family Law's Schwab Essay Contest Committee judges eligible essays written by law students to determine first, second, and third-place winners, who are awarded monetary prizes, as well as publication of the winning entries on the Section’s website and possible inclusion in a future issue of the Section’s scholarly journal, the Family Law Quarterly .

2024 Contest Information

The Section is now accepting entries for the 2024 contest! Eligible law students are welcome to submit original essays on any aspect of family law. First, second, and third-place winners are awarded monetary prizes, as well as publication of the winning entries on the Section's website, and more!

Be sure to review the contest rules and entry procedure below before entering. 

Read Contest Rules

Download Entry Form 

Entry Procedure

• Download the Schwab Entry Form and fill it out.
• Return the completed entry form by e-mail to [email protected] with "Schwab Entry" as the subject. Your completed entry form must be received by 5:00pm CT Friday, April 5, 2024, so we may assign you a number. No submissions after 5:00pm CT April 5, 2024 will be accepted.
• The ABA will then e-mail you an electronic copy of the entry form with an assigned number.
• Place the assigned number in the upper right-hand corner of each page of the essay. (Contestant's name must not appear anywhere on the essays.)
• Send one (1) electronic copy of the essay and the completed entry form (with assigned number and your signature) to [email protected] , Subject: Schwab Essay Submission

Please Note: We will only accept one (1) entry per author; we do not accept multiple submissions.

DEADLINE: All essays must be e-mailed on or before 5:00pm CT   April 19, 2024 . Remember, in order to be assigned a number, you must send us your entry form by April 5, 2024 . These dates must be strictly adhered to.

The ABA will confirm receipt of entries via e-mail.

Questions regarding the contest should be directed to the ABA Section of Family Law at  [email protected] or 312-988-5145.

Past Contest Winners

Congratulations to the 2023 winners.

First Place Mary J.  "Janie" Nichols Baylor University School of Law Waco, TX “The Privilege of a Presumption: How Same-Sex Couples are Denied Equal Access to a Presumption of Parentage” 

Second Place Ashtar R. Abboud The Ohio State University Moritz College of Law Columbus, OH   “Personality Disorders and the Parent-Child Relationship: Breaking the Cycle of Generational Trauma in Family Courts” 

Third Place Emily Dillan University of Massachusetts Dartmouth School of Law Dartmouth, MA    “You Got Dreams He’ll Never Take Away: The Role of Protective Employment Legislation in Liberating Survivors of Domestic Violence”  

View Past Contest Winners

• Skip to primary navigation
• Skip to main content
• Skip to primary sidebar
• Skip to footer

Bar Exam Toolbox®

Get the tools you need for bar exam success

Podcast Episode 41: Tackling an MEE Family Law and Conflicts of Law Essay Question

April 16, 2019 By Bar Exam Toolbox Leave a Comment

Welcome back to the Bar Exam Toolbox podcast. Today, we’re walking through a UBE family law and conflicts of law essay question. This is one of our series of podcasts on how to approach Multistate Essay Examination questions.

In this episode we discuss:

• How to approach a real MEE family law and conflicts of law question
• Why an incorrect conclusion is better than no conclusion at all
• How to outline an MEE answer
• Why you should determine your conclusion to each question first
• How to spot an irrelevant fact that does not need to be addressed

Thanks for listening!

Listen Now:

To listen now, just click on the arrow above.

• February 2017 MEE Question #3
• Episode 37: Tackling an MEE Secured Transaction Question
• Episode 33: Tackling an MEE Civil Procedure Question
• Episode 27: Tackling an MEE Question: Wills and Trusts
• What’s Your MEE and MPT Bar Prep Strategy?
• How to Approach a Uniform Bar Exam Subject Essay (MEE)

Prefer to read? Download the Transcript

Did You Like It?

If you enjoy the podcast, we’d love a nice review and/or rating on Apple Podcasts . You can also download an episode or subscribe to the podcast on Google Play .

Also, feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website . If you’ve got burning questions, let us know! We’re always looking for great content ideas, so maybe we’ll answer your question in a future episode.

And, if you don’t want to miss anything, you can sign up for podcast updates !

Ready to pass the bar exam? Get the support and accountability you need with personalized one-on-one bar exam tutoring or one of our economical courses and workshops . We’re here to help!

Reader Interactions

Leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Need to Pass the Bar Exam?

Sign up for our free weekly email with useful tips!

• Terms & Conditions

Copyright 2024 Bar Exam Toolbox®™

Family Law Essay

DOWNLOAD THE RESOURCE

Resource Description

To what extent has law reform been effective in achieving just outcomes for family members and society? Intro: Law reform has been of mixed effectiveness in achieving just outcomes for family members and society. Law reform has allowed for familial disputes to be resolved with greater ease such as divorce, however the separation of de facto families still remains an issue. Law reform has also achieved greater recognition of alternative families, however same-sex relationships have still not recieved absolute equality. Law reform has also increased awareness of domestic violence, yet it is still a prevalent issue in Australian society. Law reform has been moderately effective in achieving just outcomes for family members and society.

Report a problem

Popular HSC Resources

• Speech on George Orwell ‘1984’ – Human Experiences
• How To Survive the HSC
• One Night the Moon – Analysis (Video)
• 2020 – Physics – PHS (Trial Paper)
• Business Studies Influences on HR (Quiz)
• Sci Ext – Portfolio Pack
• 2020 – Science Ext – Exam Choice (Trial Paper)
• Domino’s Marketing Case Study

Become a Hero

Easily become a resource hero by simply helping out HSC students. Just by donating your resources to our library!

What are you waiting for, lets Ace the HSC together!

Join our Email List

No account needed.

Get the latest HSC updates.

All you need is an email address.

• Pay for coursework
• Submit coursework

Home > Family Law

• Date submitted

Question: Consider critically and analytically the extent to which the law and social policy in England and Wales serves to address and promote the needs of disabled children.

Answer: There is little doubt that disabled children represent some of the most vulnerable members of our society and as a distinct and identifiable group, their needs have historically been given less attention...

Read more of the answer →

Details: - Mark: 75% | Course: Family Law | Year: 2nd/3rd | Words: 5520 | References: Yes | Date written: April, 2000 | Date submitted: February 20, 2009 | Coursework ID: 442

Question: Section 1(4) Children Act 1989 provides that the court may make a range of orders subject to the provisions of Section 1 in a range of proceedings. Describe all the types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed.

Answer: The types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed are as follows. A Residence Order (s 8 (1)) says where...

Details: - Mark: 73% | Course: Family Law | Year: 2nd/3rd | Words: 667 | References: Yes | Date written: July, 2000 | Date submitted: February 20, 2009 | Coursework ID: 448

Question: In English, Scottish and Northern Irish Law what is comprised in the term, 'the welfare principle', in their respective civil family jurisdictions. (5 Marks)

Answer: Section 1 (1) of the Children Act 1989 sets out general principles about how decisions should be made within court proceedings. When a court determines any question with respect to a) the...

Details: - Mark: 73% | Course: Family Law | Year: 2nd/3rd | Words: 763 | References: No | Date written: January, 2003 | Date submitted: February 20, 2009 | Coursework ID: 447

Question: Case Study Vivien and Cyril have five children billy aged 13, the son of Vivien’s first husband and a convicted armed robber, twins Sam and Sue, who are 9 and severely dyslexic, bobby who is 6, who is slow and withdrawn and phoebe, their 13 month old baby. Billy is always getting into trouble and has already had a number of informal cautions from the police. Sam and Sue have been statemented under the Education Acts but little has been done for them in a poor school on a OFSTED Warning List. Bobby has failed to reach his developmental milestones and the Health Visitor who has seen him as well as the baby is so worried about all the family that he has told Social Services that a Child Protection Conference should be convened. Who should be present at the Conference and what issues arising from the Children Act 1989 should be considered? What are Vivien and Cyril’s ‘rights’ under the Act?

Answer: It would appear that there are a number of complex and significant difficulties evident within the family, ranging from the offending behaviour of Billy for whom presumably Cyril does not have parental...

Details: - Mark: 72% | Course: Family Law | Year: 2nd/3rd | Words: 1770 | References: Yes | Date written: August, 1999 | Date submitted: February 20, 2009 | Coursework ID: 452

Question: Compare and contrast the differing definitions of Parental Responsibility provided in the Children Act 1989 and Children (Scotland) Act 1995.

Answer: Under Section 3 (1) of the Children Act 1989 parental responsibility is defined as all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in...

Details: - Mark: 72% | Course: Family Law | Year: 2nd/3rd | Words: 600 | References: No | Date written: August, 2000 | Date submitted: February 20, 2009 | Coursework ID: 450

Question: Critically analyse the extent to which it is true that ‘Marriage is still the referent; other partnerships are alternatives to it. Marriage … is accorded a privileged … status which provides a place for the legitimate expression of heterosexual desires, imbuing other types of sexual activity and other relationships with a lesser status’ (Diduck, A., and Kanagas, F., Family Law, Gender and the State (Third Edition, Hart 2012).

Answer: The trend for marriage is steadily declining. Alternatives to marriage, such as cohabitation, have become more widespread and common, whilst the Civil Partnership Act 2004 (CPA) has affected the sanctity of marriage...

Details: - Mark: 71% | Course: Family Law | Year: 2nd/3rd | Words: 2274 | References: Yes | Date written: October, 2012 | Date submitted: March 07, 2013 | Coursework ID: 778

Question: How and to what extent should parents participate in decision making about children seen to be suffering (or likely to suffer) significant harm?

Answer: The history of legislation in respect of child abuse prevention in this country has been one of major and fundamental tension between parents’ rights and the state’s responsibilities to provide protection for...

Details: - Mark: 70% | Course: Family Law | Year: 2nd/3rd | Words: 1941 | References: Yes | Date written: November, 1997 | Date submitted: February 20, 2009 | Coursework ID: 454

Question: Set out the definitions of child, mother and father provided by English law and how different do you think they are from what the ordinary person on the Clapham Omnibus might think? (4 Marks)

Answer: The Children Act 1989 (Section 105) and the Family Reform Act 1969 define a child as someone under the age of eighteen years. The Children Act 1989 as well as other legislation...

Details: - Mark: 70% | Course: Family Law | Year: 2nd/3rd | Words: 667 | References: No | Date written: March, 2006 | Date submitted: February 20, 2009 | Coursework ID: 446

Question: Children Policy Practice and the Law Children’s Rights and the Law

Answer: The Human Rights Act 1998 is a piece of legislation that enables the European Convention on Human Rights to be incorporated within domestic law and become enforceable within the United Kingdom. In...

Details: - Mark: 70% | Course: Family Law | Year: 2nd/3rd | Words: 8622 | References: Yes | Date written: February, 1994 | Date submitted: October 13, 2008 | Coursework ID: 52

Question: To what extent and for what reasons would you agree with Goldstein, Freud and Solnit’s view that: ‘... to acknowledge that some parents, whether biological, adoptive or long-time foster may threaten the well-being of their children is not to suggest that state legislatures, courts, or administrative agencies can always offer such children something better and compensate them for what they have missed in their own home. By its intrusion the State may make a bad situation worse, indeed, it may turn a tolerable or even good situation into a bad one.’ (Before the Best Interests of the Child, 1990)

Answer: The extent to which the state can and should intervene into the workings of the family and particularly the nature of parenting and care children receive has been the focus of debate...

Details: - Mark: 69% | Course: Family Law | Year: 2nd/3rd | Words: 2024 | References: Yes | Date written: March, 2002 | Date submitted: February 20, 2009 | Coursework ID: 453

Page 1 of 3 1 2 3 »

Registering is fast and easy

Welcome back

Gain access

• Register with us
• Pay for instant access
• Or submit 3 pieces of your work for free access
• All categories (882)
• Commercial Law (56)
• Common Law (1)
• Company Law (8)
• Constitutional & Administrative Law (19)
• Contract Law (117)
• Criminal Law (89)
• Employment Law (9)
• English Legal System (80)
• Enviromental Law (8)
• Equity & Trust Law (20)
• European Union Law (58)
• Family Law (26)
• Human Rights Law (44)
• I.T. & the Law (6)
• Insolvency Law (2)
• Intellectual Property Law (15)
• International Law (21)
• Jurisprudence (29)
• Land Law (55)
• Law of Evidence (12)
• Legal Practice Course (4)
• Medical Law (15)
• Professional Skills Practice (1)
• Public Law (47)
• Roman Law (2)
• Tort Law (48)

Lawcoursework.com is an online library of UK LLB law student work.

We are based in Hulme near to the Manchester University campus.

Here you can buy quality LLB law coursework, essays, assignments, papers & dissertations to help guide and support your studies.

We only provide work that has been written by UK university students and is of at least 2.1 standard.

The site is run by graduates who understand the needs of students and the academic requirements of the LLB law degree programme.

So if you have any questions or need help using the site, please do contact us...