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Fred As A Father Case Study

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Fred as a father has the obligation of maintenance. Before, the Child Support Act 1991, under the Family Law (Scotland) Act 1985: “a father or mother had the obligation to pay aliment to his or her child.” This act is still in force however, is now only used under certain circumstances. As these circumstances do not apply to Fred and Elizabeth, the Child Support Act needs to be examined to determine the maintenance that Fred will have to provide for his children. The act was brought in by the government which overthrew the jurisdiction of the court, moving decisions to the state. An application now has to be made to the Child Maintenance service. The Child Support Act states that: “each parent of a qualifying child is responsible for maintaining …show more content…
This principal has been set up through practise and is not detailed in an act. Whereby, if the child is living with one parent and doing well with that one parent. Then the court will not change things, they will leave them how they are. This minimalist principal can be seen to be upheld in the case of Ellis v Ellis. In this case, ‘both parents wanted residence of their two children. The children were currently living with the mother and the father had gone off to live with a younger Finnish women. The father wanted residence because he said that the mother caused emotional problems to the children, was worried about her parenting skills. However, the sheriff upheld the status quo principal and the mother was given residence. The sheriff made the decision because the children were doing well at school and were settled. The sheriff also had evidence from a lot of witnesses saying that she was in fact a good mother. There was also the uncertainty of the father moving to Finland’ . Children over the age of twelve have the right to have a say in where they live. The courts will take into account the view of Andrew who is aged ten and Anna who is aged seven depending on their level of maturity and age. Andrew is ten and has a close relationship with his father so it is likely that the courts will take his view into consideration. However, Andrew and Anna have been brought up for twelve years in the matrimonial home, close to their school and are doing well. There is uncertainty over Fred’s long hours at work and the added journey to school. Fred and Amy’s long hours at work would mean that a nanny would have to look after the children, which would be a poor substitute of a mother. Elizabeth will also receive maintenance and aliment from Fred changing her financial situation, allowing her to stay in the matrimonial home. Therefore, it is likely that the courts will not change how things are

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