Family Issues

Family Issues

Family Issues

Introduction

The country which I have chosen for this study is Pacific Island. In this study paper we are going to talk about the heritage associated issues.

Before I commentary on how ethnic and heritage matters leverage the functioning of the Family law enclosures in some Pacific Island nations we require first to address the backdrop under which accustomed law operates. It is inside the structure of pacific customs and culture that heritage and ethnic matters leverage family court disputes. The nine parts of legislation ruling family arguments and connections in Fiji were inherited from the British colonial Government. The legislation was passed between the years 1892 to 1976. The primary end wedding ceremony and custody legislation is founded on English legislation passed in 1953.

In US, this legislation was changed in 1969 to contemplate the communal alterations that had appeared over sixteen years, and with the transient of the Matrimonial Causes Act 1973 the sole ground of end wedding ceremony in the UK became “irretrievable breakdown of marriage”. Most Pacific Islands keep the vintage alike obvious error founded British end wedding ceremony legislation except for Tuvalu, Kiribati, Nauru and Tonga which somewhat lately changed legislation to permit for a variety of no obvious error end wedding ceremony, but without explaining the difficulties pertaining to children. (Bejarano 2001)

 

Discussion Pacific Islands in our district have two lawful schemes functioning at the identical time — the prescribed, lawful scheme inherited from their colonisers, and the accustomed laws inherited from their ancestors. Here I will mention to the Western lawful scheme as "formal." Customary laws and practices will be mentioned to as "custom law " or "customary law." By "custom law" or "customary law" I signify "the directions and dispute-resolution proceedings of clans, lineages and customary villages." 1 Customary law is often directed in affairs for example land privileges, angling privileges, inheritance, wedding ceremony, end wedding ceremony, progeny custody, confrontation tenacity, penalties and tabus. A prescribed court of law might inquire for clues that a specific standard is legitimate made-to-order law, since it may have been recounted in publications, but it is very seldom been in writing down in the pattern of legislation. Constitutions of most Pacific Island states identify the span to which the prescribed lawful scheme identifies made-to-order laws.2 Many Pacific Islands have "custom courts", like the mighty Kastom enclosures in Vanuatu, where affairs are considered, and occasionally determined, before enclosures in the prescribed lawful scheme discover about them. In some nations, magistrates' enclosures may request the unwritten accustomed law as well as the prescribed laws, though only up to a certain level. In Solomon Islands, these are called Local Courts. The Island Courts of Kiribati, Tuvalu and Vanuatu and the town fono (council) in Western Samoa have alike powers(Baumrind 1996).

Customary law is founded on two clear-cut principles: 3 The good of the community takes main concern over the privileges of individuals. Decisions are made through discussion and consensus. Many writers use "formal law" or "the prescribed ...