The family and the law Governments introduce certain laws to protect the interests of 4 LEARNING OUTCOMES] a. individual family members. At the end of this topic you will be able to: Laws related to inheritance Inheritance is the money or property that passes from a deceased person to his or her successors. A person receiving an inheritance is called a beneficiary and what each should receive is described in a person's will * assess the reasons for laws to protect the family in different social situations. Inheritance laws prevent relatives from taking money or property that rightfully belongs to the intended beneficiary of a deceased person In a number of countries, earlier distinctions made between the rights of children born ‘in wedlock’ and those born ‘out of wedlock’ have been removed. Amendments to the law are important in the Caribbean because there are increasing numbers of children born to parents not in a legal marriage. Many countries now regard partners in a range of unions as having the same rights as married couples. Laws related to childcare Family law legislation (such as the Child Care and Protection Act in Jamaica) seek to establish in law the responsibilities of parents to provide maintenance for any unmarried children they have up to the age of 18. In some circumstances, the court can extend this requirement beyond 18 if, for example, it is proven that the child needs support in order to complete their education or they have a physical or mental disability. Other laws attempt to ensure that: + a single parent receives money for the maintenance of a child from the other parent + parents do not leave their child or children unattended for long periods without making provision for their safekeeping Laws related to legal separation A legal separation is the separation of a married couple by ‘an order of the court. It is often a step taken before a couple divorce. A legal separation does not end the marriage but it gives married partners certain rights while they live separately and will usually involve some legally binding agreements being made concerning monies due to both parties. Leaving a child alone at home for extended periods of time is recognised as neglect. Laws have been introduced to try to prevent this happening, esLaws related to divorce A divorce is the legal termination of a marriage and is the only way in which a marriage can be legally ended, Such an ending is known as an annulment. Long-standing grounds for divorce have been matrimonial offences such as adultery, cruelty or desertion. Other reasons for seeking a divorce have also been introduced and accepted in law. A partner seeking a divorce is a petitioner. He or she must prove to the courts that the marriage has broken down and that the relationship is unlikely to improve. This is known as an ‘irretrievable breakdown of the marriage’. To satisfy the courts that this is the situation, it must be proved that the couple have separated and lived apart for at least 12 months. Couples who have been married for less than two years will not be granted a divorce unless the courts are satisfied that all efforts have been made to retrieve the marriage, including receiving assistance from marriage counsellors. Divorce law also provides that one party to the marriage is liable to maintain the other party if that other party is unable to support themselves for any of the following reasons * the partner has to take care of a child of the marriage who is under 18 * the partner's age or physical or mental condition prevents them from working to earn a living * any other reasonable reason. The money a court orders a partner to pay to another is called alimony. Laws related to domestic violence The governments of many Caribbean countries are introducing 'aws to prevent violence, particularly against women and children. Member governments of the Organisation of Eastern Caribbean States (ECS) have ratified the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). In some territories family law is being drawn up or reformed to ensure that: * a wider range of unacceptable behaviours beyond violence are addressed by the legislation * individuals in different domestic relationships are equally protected. Asa LINS Laws exist to ensure that: * a deceased person's successors receive their proper inheritance * children receive proper care and support * when a long-term relationship ends, neither party is left in difficult circumstances * domestic violence is prevented Find out about the laws in your country that deal with inheritance where the deceased person has not lett a willThere are a number of laws in Caribbean “countries that are designed to protect the rights of children, These laws cover issues such as work, inheritance, education, and emotional and physical wellbeing. a_ Explain why it is important to have laws concerning children and work. b Describe what can happen if a child’s parents die without leaving a will. c Describe how a child’s life might be affected if they are denied access to education. d Say why you think laws are in place to prevent children. being abused.