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Family law - Coggle Diagram

- - - - Husband - wife
      - Parent - child
    - - Same sex marriage
      - Sperm donor - Child
      - More diversity in family constallations
      - Cohabitation.
  - - - Fundemental freedom.
  - - - Traditional man-woman marriage with childeren?
        
        Religion might adopt this view
      - Is it best for a child to have a mother and a father to raise them?
        
        Or is the essential point that the child needs a permanant caregiver (does not need to be genetically related) to bond with?
      - Should religion and moral be considered in family law?
        
        Or should family law be marally neutral?
  - - - Mutual recognition
        
        Country A should recognize the rules of Country B if it wants B to recognize its own rules
- - - - Governent should encourage marriage as it leads to more stable relationships and better enviornments for raisng childeren
        
        Couples who get married are siply wealthier than single parents, Marriage in itself does not matter for the raising of cilderen.
    - - Powerful symbol, therefore important for gay rights.
    - - Other otion would be private agreements which could be hard to navigate.
      - Protects partners in case of divorce
      - Easier to enforce than with cohabitation.
        
        MArriage is an effective way to establish parental responsability.
    - - to whom should marriage be available?
        
        Christianity
        
        Man and woman, not closely related, consenting, not childeren.
        
        Law does not consider the reason of marriage.
        
        Would be difficult to enforce
        
        Same sex marriage.
        
        Religion suggests this should be prohibited
        
        There is no reason the law should adopt the same standpoint as religion.
      - What freedom should the couple have in determining their own rights and obligations
        
        A couple has little freedom in choosing their own rules.
        
        They agree to a pre-set package of rights and obligations.
        
        They can still choose to have agreements for what happens in case of divorce.
      - Property in the marriage.
        
        Common law
        
        Each partner keeps their properties and debts to themselves.
        
        limited community property
        
        anything acquired during marriage belongs to the couple.
        
        belongings from before marriage and gifts/inheritance are kept separate
        
        all debts are common
        
        Community of accrued gains.
        
        Keeps property separate until divorce
        
        Even with full separation of all property,, selling or mortgaging the family home requires the consent of both partners.
        
        Debts incurred to run the household or raise the childeren are always joint.
        
        Netherlands and south africa
        
        full joning of property
  - - - find marriage a small-minded business.
      - don't want to formalise
      - trying out the relationship
      - Staying together for convinience
        
        not having a love interest
    - - Would one of them be able to take everything and leave the other without anything
        
        One solution is to treat them as if they were married.
        
        Traditional common law solution.
        
        Can be considered as married if having cohabited for a certain amount of time.
  - - - 40% are now born to unmarried couples.
  - - - Exchanging care and protection, economic support and so on.
      - Pooling resources and sharing cost of living.
- - - - Only taken away in the case the parents are not able to take care of the child.
        
        The risk is not identified until after the harm has been done
      - Parental liscense
        
        Some would propose to try and identify which parents can and can not take care of their childeren properly
        
        This would have serious problems, parents would have little autonomy.
  - - - A 15 year old girl should be able to get contraception no mtter how her mother feels about it, as long as she is adequately educated about it.
  - - - In surrogacy an other similar methods, Intention is used to determine parenthood
        
        one looks not only at genetics, but also who intends to take parenthoo of the child.