1. Identify the legal issues coming out of this case and discuss any intervention strategy that you will use to deal with them. Also, discuss any theory or theories that you will use to inform your action/s.

This assignment is about the emergence of a new type of family structure within the Caribbean islands. It is about a same sex family, comprising of two men and a little boy. Peter who is the breadwinner of the family, Jerome, the keeper of the home, and little Richie who is Peter's five (5) years old nephew.

This is a different type of family structure, not the type that we are used to, but still a family none the less. They share all the joys and sorrows of any family. This family is going through a difficult time, which has resulted in them breaking up. Because of this breakup many issues (social / legal) present themselves. Some of these legal issues are as follows.

• Laws relating to cohabitation relationships for same sex couples.

• Maintenance of a partner of a broken cohabitation relationship related to same sex couple.

• Domestic abuse laws as it relates to same sex couples.

• Shelter at homes for battered spouses (male) and the availability of same.

• Laws relating to the adoption of minors by same sex couples.

• Laws as it relates to Gays, Lesbians, Transgender and Transvestites.

COHABITATIONAL RELATIONSHIPS ACT 30 of 1998 (chapter 45:55) -An Act to confer on cohabitants rights and obligations, to give the Courts jurisdiction to make orders with respect to interests in property and maintenance, to make provision for the enforcement of agreements and for matters incidental thereto.
“cohabitant” means—(a) in relation to a man, a woman who is living or has lived with a man as his wife in a cohabitational relationship; and (b) in relation to a woman, a man who is living with or has lived with a woman as her husband in a cohabitational relationship;
“cohabitational relationship” means the relationship between cohabitants, who not being married to each other are living or have lived together as husband and wife on a bona fide domestic basis;
“child” when used in relation to the parties of a cohabitational relationship means a child of either party or both parties and includes an adopted child; As for the Laws contained in the Cohabitation Act No 30 concerting the Maintenance of a Partner at the end of the relationship Part III No. 6,7 and 8 states that
6. Under this Part, a cohabitant may apply—
(a) to the High Court for the granting of an adjustment order or for the granting of a maintenance order; or
(b) to the Magistrate’s Court for the granting of a maintenance order. 7. The court shall not make an order under section 6 unless it is satisfied that—
(a) the applicant lived in a cohabitational relationship with the respondent for a period of not less than five years; or Staying or transfer of proceedings Application for property adjustments and maintenance Prerequisites 296 No. 30 Cohabitational Relationships 1998
(b) the applicant has a child arising out of the cohabitational relationship; or
(c) the applicant has made substantial contributions of the kind referred to in section 10, and that failure to make the order would result in grave injustice to the applicant. 8. (1) Where cohabitants have ceased to live together as husband and wife on a bona fide domestic basis, an application under this Part shall be made within two years after the day on which they so ceased to live. (2) The court may grant leave to a cohabitant to apply for an order after the expiration of the period referred to in subsection (1), if the court is satisfied that not to do so would cause undue hardship to the cohabitant or a child of the cohabitational relationship.
The Act further states in No.10 of the same section that

10. (1) On an application for an adjustment order, the High Court may make any such order as is just and equitable, having regard to—

(a) the financial contributions made directly or indirectly by or on behalf of the cohabitants to the acquisition or improvement of the property and the financial resources of the partners; and

(b) any other contributions, including any contribution made in the capacity of homemaker or parent, made by either of the cohabitants to the welfare of the family Time limit Adjustment order End of financial relationship No. 30 Cohabitational Relationships 1998 297 constituted by them;

(c) the right, title, interest or claim of a legal spouse in the property.

(2) The court may make an order under subsection (1) as to the title or rights of a cohabitant in respect of the property of either or both cohabitants.

(3) An adjustment order made under this Part is binding on the parties to the proceedings, but not on any other person.

According to the book Women and Family Law and Related Issues 229 Questions and Answers by Hazel Thompson-Ahye page 74, Question number 175 which states "my common law husband and I, after living together for over 10 years, have recently separated. He alone used to maintain the home and never wanted me to work. Can I have him continue to support me?”

ANSWER:

“Once you have lived in a common law union for at least five (5) years, you can apply, within two (2) years of your separation, for a periodical payments order for maintenance. The court will consider a number of factors before deciding whether to make an order for a period longer than three(3) years.”

As you may have observed the Laws provides for the breaking up of the relationship between partners of a cohabiting relationship, what is not observed is the provision for a partner of a same sex relationship. Jerome may not be able to claim for any maintenance from Peter.

The assignment mentions that Peter hit Jerome on at least one occasion. This brings into the front line the thought of Domestic Violence.

Domestic violence as define by Women and Family Law and Related Issues 229 Questions and Answers by Hazel Thompson-Ahye " Domestic violence is term used to describe the various types of abuse, that occur within intimate or family relationships, such as physical, sexual, emotional, psychological, or financial abuse." The type of abuse that Jerome suffered at the hand of Peter is that of physical abuse. Physical abuse means any act or failure to act, which causes physical injury to the applicant as stated by Hazel Thompson-Ahye in the Women and Family Law and Related Issues 229 Questions and Answers. The laws of the Republic of Trinidad and Tobago state that Domestic Violence is a crime. According to the Domestic Violence Act 27 of 1999 Part 1 section 3 states

3. In this Act—

“applicant” means a person described in section 4 who applies or on whose behalf an application is made for a Protection Order;

“attorney-at-law” means a person whose name is entered on the Roll in accordance with the Legal Profession Act, 1986;

“child” means a person under the age of eighteen years who ordinarily or periodically resides with the applicant, whether or not the child is a child of the applicant and the respondent or either of them, and includes an adopted child, stepchild, or a child who is treated as a child of the family but not a person who is or has been married;

“Clerk” means the Clerk or Deputy Clerk of the Court;

“cohabitant” means a person who has lived with or is living with a person of the opposite sex as a husband or wife although not legally married to that person;

“Court” means a Court of Summary Jurisdiction;

“dependant” means a person over the age of eighteen years who by reason of physical or mental disability, age or infirmity is reliant on either the applicant or respondent for his welfare; “domestic violence” includes physical, sexual, emotional or psychological or financial abuse committed by a person against a spouse, child, any other person who is a member of the household or dependant;

“emotional or psychological abuse” means a pattern of behaviour of any kind, the purpose of which is to undermine the emotional or mental well-being of a person including:

(a) persistent intimidation by the use of abusive or threatening language;

(b) persistent following of the person from place to place;

(c) depriving that person of the use of his property;

(d) the watching or besetting of the place where the person resides, works, carries on business or happens to be;

(e) interfering with or damaging the property of the person;

(f) the forced confinement of the person;

(g) persistent telephoning of the person at the person’s place of residence or work; and

(h) making unwelcome and repeated or intimidatory contact with a child or elderly relative of the person;

“financial abuse” means a pattern of behaviour of a kind, the purpose of which is to exercise coercive control over, or exploit or limit a person’s access to financial resources so as to ensure financial dependence; “guardian” in relation to a child includes a person who has custody of that child within the meaning of the Family Law (Guardianship of Minors, Domicile and Maintenance) Act;

“Interim Order” means an Order made under section 8;

“member of the household” means a person who habitually resides in the same dwelling house as the applicant or the respondent and is related to the applicant or respondent by blood, marriage or adoption;

“Minister” means the Minister to whom responsibility for Social Development and Family Services is assigned;

“Order” includes an Interim Order and Protection Order;

“parent” means a person who is a parent or grandparent in relation to a child, dependent, spouse or respondent as the case may be—

(a) by blood;

(b) by marriage;

(c) by adoption; or

(d) within the meaning of the Family Law (Guardianship of Minors, Domicile and Maintenance) Act;

“physical abuse” means any act or omission which causes physical injury and includes the commission of or an attempt to commit any of the offences listed in the First Schedule;

“Protection Order” means an Order made pursuant to section 5;

“respondent” means a person against whom an application for a Protection Order is made;“sexual abuse” includes sexual contact of any kind that is coerced by force or threat of force and the commission of or an attempt to commit any of the offences listed under the Sexual Offences Act in the First Schedule;

“spouse” includes a former spouse, a cohabitant or former cohabitant;

“visiting relationship” means a non cohabitational relationship which is otherwise similar to the relationship between husband and wife.

According to the Domestic Act of 1999, the Law will enable the person to be able to file a Protection Order against the person who is the abuser. The Act states in Part III, Section 4 (1) “A person referred to in subsection (2) may apply to the Court for a Protection Order on the ground that the respondent engaged in domestic violence.”

(2) An application for a Protection Order may be made by—

(a) the spouse of the respondent;

(b) a member of the household of the spouse or respondent, either on his own behalf or on behalf of any other member of the household; The section further states in sub section (g) that " (g) a person who is or has been in a visiting relationship with a person of the opposite sex for a period exceeding twelve months.” The Act further states later down that “the Court will determined if the respondant is being threaten and indeed is in need of a Protection Order” as in section 5 and also in section 6 it shows what is prohibited to do. This section states 5.

(1) Where, on an application made by a person described in section 4, the Court determines, on a balance of probabilities, that domestic violence has occurred, it may issue a Protection Order containing any or all of the prohibitions or directions referred to in section 6.

(2) The Court shall grant a Protection Order where it is satisfied that the respondent—

(a) is engaging in or has engaged in domestic violence against the applicant; or

(b) is likely to engage in conduct that would constitute domestic violence, and in either case, having regard to all the circumstances, the Order is necessary for the protection of the applicant.

The power to make a Protection Order as outlined in the Domestic Violence Act No. 27 of 1999 states

6. (1) A Protection Order may—

(a) prohibit the respondent from—

(i) engaging or threatening to engage in conduct which would constitute domestic violence towards the applicant;

(ii) being on premises specified in the Order, that are premises frequented by the applicant including any residence, property, business, school or place of employment;

(iii) being in a locality specified in the Order;

(iv) engaging in direct or indirect communication with the applicant;

(v) taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in, or is reasonably used by the applicant, as the case may be;

(vi) approaching the applicant within a specified distance;

(vii) causing or encouraging another person to engage in conduct referred to in paragraphs (i) to (vi);

(b) direct that the Order be applied for the benefit of a child or dependant of the applicant or respondent; and

(c) direct that the respondent—

(i) return to the applicant specified property that is in his possession or under his control;

Terms of a Protection Order as outlined in the Domestic Violence Act No. 27 of 1999, Chapter 45:56 (6)

(ii) pay compensation for monetary loss incurred by an applicant as a direct result of conduct that amounted to domestic violence;

(iii) pay interim monetary relief to the applicant for the benefit of the applicant and any child, where there is no existing order relating to maintenance until such time as an obligation for support is determined, pursuant to any other written law;

(iv) immediately vacate any place or residence for a specified period, whether or not the residence is jointly owned or leased by the respondent and the applicant, or solely owned or leased by the respondent or the applicant;

(v) relinquish to the police any firearm licence, firearm or other weapon which he may have in his possession or control and which may or may not have been used;

(vi) make or continue to make payments in respect of rent or mortgage payments for premises occupied by the applicant;

(vii) ensure that reasonable care is provided in respect of a child or dependant person;

(viii) or applicant or both, receive professional counselling or therapy from any person or agency or from a programme which is approved by the Minister in writing.

Though there is a Law against Domestic Violence in our country. There is no part of the Law that provides protection for same sex relationships. The Law provides mainly for women and children. There is nothing stated in the Law about a man being involved in a domestic violence situation. Though the man may go into the police station and report the abuse, there is nothing he can do legally to stop the situation. Socially he may chose to end the relationship and start all over in order to stop the abuse.

There are many homes and shelters available for both women and children all over the country. The Court is able to place a woman in a shelter or she can go on her own. The same applies for children. But in most case the child is placed there by the Court.

Now, in as many homes and shelters available to women and children, there are none that I know of personally that are available for men involved in a domestic situation. Most men are ashamed even to go and report the situation in the police station. They believe that they are the head of the family and they should be able to control what goes on in their home.

Now this is compounded in a same sex (male) relationship. Who are they going to report to if there is domestic abuse in the relationship? Where are they to go if they want to get out of the relationship? Is there any recourse for this male partner legally? How are they support to deal with this situation? Who is going to support the other partner when the relationship ends?

These are just some of the questions that can be asked. As Social Workers we need to advocate for changes in the Law and even the implementation of new Laws as it relates to this new social group. There needs to be equal treatment, when it come domestic violence to both males and females. Domestic violence is now growing among the male population in the country and as such it can no longer be ignored.

In Trinidad and Tobago there is a Law called the Equal Opportunity Act No. 69 of 2000. Now by the very nature of that act, it is suppose to provide protection for every race, creed, sex, age, gender, etc in the country. But in looking through the Law it was observed that nothing was provided for sexual orientation of a person. So by the very nature of the Law it is marginalizing one group of people in the society. The Law needs to be further amended to include this group of people that is being marginalized. This group of people comprises of the gays, lesbian, transgender and transvestites.

In the assignment both Peter (Richie's uncle) and Jerome want to adopt little Richie. They both claim that they are the better parent for the child. Richie have been with them since the death of Peter's sister two years ago. This bid comes under two Acts in the Laws of Trinidad and Tobago.

The FAMILY LAW (GUARDIANSHIP OF MINORS, DOMICILE AND MAINTENANCE) ACT No15 of 1981 CHAPTER 46:08

An Act to define and regulate the authority of parents as guardians of their minor children, whether or not born in wedlock, their power to appoint guardians, and the powers of Courts in relation to the guardianship, custody and maintenance of minors and related matters.
“custodian of a minor” means a person who is appointed to have custody of the minor by a Court of competent jurisdiction, and custodianship shall be construed accordingly;
“guardianship” means guardianship of the person of a minor and includes the rights of control and custody of the minor, the right to make decisions relating to the care and upbringing of the minor and the right to exercise all powers conferred by law upon the parent or guardian of a minor, and “guardian” means a person with guardianship;

The other Act is The ADOPTION OF CHILDREN ACT No. 31 of 1946 CHAPTER 46:03
“adopter” means a person who is proposing to adopt, or who has adopted a child, whether in pursuance of an adoption order or otherwise;
“adoption order” means an adoption order for the purposes of this Act and includes an interim order made under section 13; Interpretation.[28 of 1973, 17 of 1981].
“guardian” in relation to a child means a person appointed by deed or will in accordance with the Infants Act, or by a Court of competent jurisdiction, to be his guardian;
“relative” in relation to any child, means father, mother, son, daughter, brother, sister, uncle, aunt, grandfather, grandmother, grandson, grand-daughter whether of the full blood, or of the half blood, or by affinity. Ch. 46:02.

In the Laws of Trinidad and Tobago there are no law against gays, lesbian, transgender and transvestites. But in the Sexual Offences Act of Trinidad and Tobago No. 27 of 1986 Section13 (2) talk about the crime of Buggery against both males and females. The Law states " (2) In this section “buggery” means sexual intercourse per anum by a male person with a male person or by a male person with a female person" and in Section 16 of the same Act talks about Serious Indecency (31 of 2000) it states
"16. (1) A person who commits an act of serious indecency on or towards another is guilty of an offence and is liable on conviction to imprisonment—
(a) if committed on or towards a minor under sixteen years of age for ten years for a first offence and to imprisonment for fifteen years for a subsequent offence;
(b) if committed on or towards a person sixteen years of age or more for five years.
(2) Subsection (1) does not apply to an act of serious indecency committed in private between—
(a) a husband and his wife; or
(b) a male person and a female person each of whom is sixteen years of age or more, both of whom consent to the commission of the act.
(3) An act of “serious indecency” is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.”

We as social worker need to advocate for a change in the laws which does not exsist for those members of society that are not catered for. By the very nature of the Sexual Offences Act it is illegal for the homosexuals to even engage in sexual activity with each other.

As observed from the Law mentioned above there are no provision made for same sex couples, the Laws are written to address situations occurring between males and females. The Laws in itself does not provide protection for gays, lesbians, transgender and transvestites.

As Social Workers we must advocate to have the laws change in order to have same sex couples treated equally in society. One should not be judged, ostracized or stigmatized because of one's sexual orientation.

In order to deal with these changes in the society, the social work theory that we will use is that of Ethical Relativism. According to the text Ethical Decisions for Social Work Practice by Dolgoff, Loewenberg, and Harrington “Ethical Relativists rejects fixed moral rules. They justify ethical decisions on the basis of the context in which they are made or on the basis of the consequences that result. An option is chosen because it will lead to desired results or is rejected because it will lead to results that are not wanted. The amount of good that is produced or the balance of good over evil (not any absolute standard) serves as the major criterion for reaching an ethical decision.
Ethical relativists differ when it comes to identifying the target or the intended beneficiary of the planned decision. Ethical egoists believe that one should always maximize what is good for oneself, no matter what the consequences for others. Ethical utilitarians, on the other hand, argue that the most important thing is to seek the greatest good for the largest number of persons.”
Ethical Relativism according to Claire Andre and Manuel Velasquez states that “Ethical relativism is the theory that holds that morality is relative to the norms of one's culture. That is, whether an action is right or wrong depends on the moral norms of the society in which it is practiced. The same action may be morally right in one society but be morally wrong in another. For the ethical relativist, there are no universal moral standards -- standards that can be universally applied to all peoples at all times. The only moral standards against which a society's practices can be judged are its own. If ethical relativism is correct, there can be no common framework for resolving moral disputes or for reaching agreement on ethical matters among members of different societies.” http://www.ask.com/bar?q=ethical+relativism&page=1&qsrc=2445&dm=all&ab=1&u=http%3A%2F%2Fwww.scu.edu%2FSCU%2FCenters%2FEthics%2Fpublications%2Fiie%2Fv5n2%2Frelativism.html&sg=0%2BKqdtNJouiy8yRR9x9VYoqibVwVQYbcP3Uzm5cTT5I%3D%0D%0A&tsp=1303503546589 2. Discuss the likelihood of Peter or Jerome’s success in their adoption bid.

FAMILY LAW (GUARDIANSHIP OF MINORS, DOMICILE AND MAINTENANCE) ACT CHAPTER 46:08
An Act to define and regulate the authority of parents as guardians of their minor children, whether or not born in wedlock, their power to appoint guardians, and the powers of Courts in relation to the guardianship, custody and maintenance of minors and related matters. 15 of 1981.
“custodian of a minor” means a person who is appointed to have custody of the minor by a Court of competent jurisdiction, and custodianship shall be construed accordingly;
“guardianship” means guardianship of the person of a minor and includes the rights of control and custody of the minor, the right to make decisions relating to the care and upbringing of the minor and the right to exercise all powers conferred by law upon the parent or guardian of a minor, and “guardian” means a person with guardianship; ADOPTION OF CHILDREN ACT CHAPTER 46:03
“adopter” means a person who is proposing to adopt, or who has adopted a child, whether in pursuance of an adoption order or otherwise;
“adoption order” means an adoption order for the purposes of this Act and includes an interim order made under section 13; Interpretation.[28 of 1973, 17 of 1981].
“guardian” in relation to a child means a person appointed by deed or will in accordance with the Infants Act, or by a Court of competent jurisdiction, to be his guardian;
“relative” in relation to any child, means father, mother, son, daughter, brother, sister, uncle, aunt, grandfather, grandmother, grandson, grand-daughter whether of the full blood, or of the half blood, or by affinity. Ch. 46:02. 3. What provisions has the Laws of Trinidad and Tobago made for persons in Jerome’s circumstance to benefit from equal or equitable distribution of property after separation.

COHABITATIONAL RELATIONSHIPS ACT 30 of 1998 (chapter 45:55) -An Act to confer on cohabitants rights and obligations, to give the Courts jurisdiction to make orders with respect to interests in property and maintenance, to make provision for the enforcement of agreements and for matters incidental thereto.
“cohabitant” means—(a) in relation to a man, a woman who is living or has lived with a man as his wife in a cohabitational relationship; and (b) in relation to a woman, a man who is living with or has lived with a woman as her husband in a cohabitational relationship;
“cohabitational relationship” means the relationship between cohabitants, who not being married to each other are living or have lived together as husband and wife on a bona fide domestic basis;
“child” when used in relation to the parties of a cohabitational relationship means a child of either party or both parties and includes an adopted child;
4. Identify any shelter or shelters that cater to the needs of battered spouse in Jerome’s situation.

5. Do the Laws of Trinidad and Tobago cater to Jerome’s needs if he wishes to apply for protection under the current laws that deal with domestic violence?

Domestic Violence Act No. 27 of 1999

“cohabitant” means a person who has lived with or is living with a person of the opposite sex as a husband or wife although not legally married to that person;
“domestic violence” includes physical, sexual, emotional or psychological or financial abuse committed by a person against a spouse, child, any other person who is a member of the household or dependant; CHAPTER 11:02 SUMMARY OFFENCES ACT Act 31 of 1921 GENERAL SUMMARY OFFENCES ASSAULT AND BATTERY
4. Every person who unlawfully assaults or beats any other person, upon complaint by or on behalf of the party aggrieved, is liable to a fine of four hundred dollars or to imprisonment for three months. 6. Identify any issues of any social injustice that might be identified in this case and discuss the steps that you will take to challenge them. (The National Association for Social Workers (NASW) code of ethics has indicated that social workers are required to challenge social injustice). Explain the steps that you may take to ensure that social justice is extended to Jerome wherever inadequacies in this area are found.

As observed from the Law mentioned above there are no provision made for same sex couples. As a Social Worker we must advocate to have the laws change in order to have same sex couples treated equally as anyone else in society. One should not be judged, ostracized or stigmatized because of one's sexual orientation. 7. Discuss any possible social worker/client value conflict and or value gap that may be present in this case. The Trinidad and Tobago Constitution CHAPTER 1
THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
PART I
RIGHTS ENSHRINED
RECOGNITION AND DECLARATION OF RIGHTS AND FREEDOMS
4.- It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely: -
a. the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;
b. the right of the individual to equality before the law and the protection of the law;
c. the right of the individual to respect for his private and family life;
d. the right of the individual to equality of treatment from any public authority in the exercise of any functions;
e. the right to join political parties and to express political views;
f. the right of a parent or guardian to provide a school of his own choice for the education of his child or ward;
g. freedom of movement;
h. freedom of conscience and religious belief and observance;
i. freedom of thought and expression;
j. freedom of association and assembly; and
k. freedom of the press.
PROTECTION OF RIGHTS AND FREEDOMS