Name: Jemar Ken Y.

Sarda
Subject: Legal Technique & Logic
Professor: Atty. Judy Marie E. Rapista-Tan

“Towards an understanding of the basis of

obligation and commitment in family law”
by Gillian Douglas – Reaction Paper

Before I read this article, I have different perception about obligation and
commitment. I thought that obligation is the product of being committed. The article
“Towards an understanding of the basis of obligation and commitment in family law”
by Gillian Douglas gave me a deeper understanding on the concept of obligation
and commitment.

I was thinking that obligation is a compelling power to do an act which, if

failed to do, would result to a consequence. But Douglas quoted that an obligation,
at least in relation to obeying the law (rather than obligation to another person),
derives not from ‘feeling obliged’ (ie coerced) to obey through the threat of a
sanction for non-compliance, but from an acceptance that there is a rule governing
the behavior. The central point that the obligation to obey the law derives from its
normative character in society is important for an examination of the nature of
obligations in family law. This is because while one must distinguish between legal
and social (or moral) norms, the content of law cannot be understood without
recognizing its context.

In obligation to maintain the spouses, each spouse shall participate in the

common household of the family and the maintenance of the spouses to the best

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of his/her abilities. Where necessary, also during the marriage it can be confirmed
that one of the spouses has to pay maintenance to the other. The amount of the
maintenance and its manner of payment can be confirmed either by an agreement.

I am a little confused about why, even the spouses obtained a divorce

decree, still entitled for a maintenance. Well as explain by Douglas that marriage
carries an obligation that may result, at the least, in post-divorce transfers of income
and/or property, if this is required to meet the dependent party’s ongoing needs, or
to compensate her for losses resulting from the marriage and in recognition of her
contribution to the welfare of the family. Such transfers may potentially last for the
life of the recipient if she is unable to join the job market, and may endure for far
longer than the marriage itself, but such ongoing transfers in the form of periodical
payments are increasingly rarely ordered and are regarded as anomalous and to
be discouraged. Those obligations are the manifestations of the commitment and
should not be mistaken for the commitment itself. Going through a divorce, you
have experienced first-hand how those obligations have nothing to do with
emotional commitment. Emotional commitment involves loyalty, trust, respect, and
dedication. When these things are in place between two people, they begin to build
their life together.

Based on our discussion on our subject Persons and Family Relation, I

learned that every member of the family is oblige to support each regardless of its
degree specially the parents to his children. This article further explain the concept
of parenthood, the parental obligation to maintain one’s child.

In Philippines, there are laws created to protect the welfare of a child.

Executive Order No. 209 also known as The Family Code of the Philippines and
Presidential Decree No. 603 also known as The Child and Youth Welfare Code are
examples of laws that protect the welfare of a child in the Philippines. Based on this

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article, international law also an advocate in helping to promote the general welfare
of a child. The Child Support Act 1991 s 1(1) provides that ‘each parent of a
qualifying child is responsible for maintaining him’. A child is a ‘qualifying child’ if
one or both of his parents is, in relation to him, a non-resident parent; that is, not
living in the same household with the child. As with spousal maintenance then, the
law is concerned with the position where the family unit of parent and child has
become (or always was) fragmented, with the parties living apart from each other.
The basic purpose of the child support scheme was to seek to recoup social
security expenditure on lone-parent families from absent parents, usually fathers,
and the way in which the scheme was developed and administered reflected that
approach. Until 2008, if the lone parent was receiving out-of-work welfare benefits,
she was required (unless she could show ‘good cause’ such as fear of violence) to
authorize the Secretary of State to pursue the other parent to recover the cost of
supporting the child. All money recouped was offset against the benefits paid, so
that the child saw no improvement in her standard of living.

Sometimes, family members may find themselves in need of help --

someone is sick, someone needs advice, someone needs a babysitter, a tutor or
just a shoulder to cry on. In healthy, caring families, people support each other in
times of need. Family obligations can include favors for relatives that aren't always
easy or fun but are necessary and appreciated. This article cited a research that
laid down a set of rules of obligation. For most people responsibilities towards
relatives were not fixed. They are far more fluid than the notion of ‘rules of
obligation’ implies … the concept of ‘guidelines’ seems to fit our data much better
than ‘rules’.

The spouses have a responsibility to love and care for each other and their
children, and to honor marital vows with complete fidelity. Further it warns that
husbands and wives will one day be held accountable before God for the discharge

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of family obligations. However, Douglas explained that why marriages breaks down
frequently because of lack of commitment.

I agree that committed couples realize that good things in marriage don't
happen without the efforts of both partners. They take their marital vows quite
seriously and are likely to view marriage more as a covenant than a contract. Their
relationship becomes their highest priority; they make the time needed to keep it
strong. They work together unselfishly in building a relationship that will meet, as
far as possible, the needs of both partners. They are willing to make all possible
changes for the good of the marriage. Couples who stay together do what's
necessary to make the marriage a happy one. They find out what brings their
partner happiness and then do it often. Sometimes married couples commit to one
another only so long as they have feelings of love for one another. However, love
feelings come and go. Some days we love everyone. On other days, we may not
feel we like anyone, including our spouse. If a commitment is based only on love
feelings, then the commitment isn't worth very much. Committed, oriented couples
realize that while love brought them together, commitment to one another, even at
times when they don't "like" one another, keeps them together. When you get
married, you agree to be committed to your spouse. You will do what you need to
do to make the relationship work, and build a life. You accept any obligations that
your spouse puts upon you, because you want to be committed to that person. For
example, one spouse may elect to stay home with the children, while the other
spouse goes to work to support the family. Each spouse accepts the obligations of
those roles, because they want to be committed to the family.

The arrival of children may create the need for the couple to become active
in the moral and educational development of the children. I call that need family
commitment. As is true for the need for financial and domestic support, if you do
not have any children just yet, you may not sense this need. But upon their arrival,

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a change may take place that you didn't anticipate. I agree in the statement of
Douglas that the moral obligation to maintain (and care for) a child does not derive
from the biological (or legal) parental link of itself; rather, the community as a whole
has a duty to alleviate need and to promote human flourishing, and it is a matter of
particular social arrangement that the duty may be delegated to parents. This is not
just child care: feeding, clothing or watching over children to keep them safe. Child
care falls under the category of domestic support. Family commitment, on the other
hand, is taking a responsibility for how the children will turn out, teaching them the
values of cooperation and care for each other. It is spending quality time with your
children to help insure happiness and success for them as adults.