Straightforward Guide To Family Law

David Bryan

Description

This latest book in Straightforward Guides Series, A Guide to Family Law, is a clear and concise guide to all aspects of the law as it affects the family, with changes in the law up to 2021 covered in depth. The book is intended for the layperson but can also be utilised by the professional or the student. The following areas are covered: Decrees relating to marriage; The Civil Partnerships Act The Marriage Act 2014; The Family Court Structure; Rights of occupation; Financial provision for children; Domestic violence; The relationship between adults and children-adoption ; The resolution of disputes Protection of children.

Informations

• Publié par: Straightforward Publishing
• Date de parution: 26 janvier 2021
• Nombre de lectures: 0
• EAN13: 9781913776596
• Langue: English

Extrait

A STRAIGHTFORWARD GUIDE TO FAMILY LAW
David Bryan Revised Edition
Editor:Roger Sproston
Straightforward Guides www.straightforwardco.co.uk
Straightforward Guides
Straightforward Co Ltd 2021
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holder.
British cataloguing in Publication Data. A catalogue record for this book is available from the British Library.
ISBN: 978-1-913342-85-2 ePUB ISBN: 978-1-913776-59-6 Kindle ISBN: 978-1-913776-68-8
Printed by 4edge www.4edge.co.uk
Cover design by BW Studio Derby
Whilst every effort has been made to ensure that the information
contained within this book at the time of going to press, the authors
and publishers cannot accept liability for any errors and omissions
contained within, or for any changes in the law since publication.
CONTENTS
List of cases
Chapter 1-Introduction
Chapter 2-Marriage and Divorce
The definition of marriage
The formalities of marriage
Proposed changes to wedding laws
Cohabitation
Nullity, void and voidable Marriages
Grounds on which a marriage is void
Voidable marriages
Judicial separation
Forced Marriage
The Marriage (Same Sex Couples) Act 2013
Chapter 3-Civil Partnerships
The Civil Partnerships (Opposite Sex Couples) Regulations 2019
Registration of a civil partnership
Residency requirements for a civil partnership
Special circumstances
Housebound people
Detained people
Family relationships
Adoption
Dissolution of a civil partnership
Nullity
Separation
Property and financial arrangements
Chapter 4-When a Relationship Ends
No Fault Divorce
Cuts to legal aid
The current divorce process
Contested petitions
Online Divorce
The ground for divorce
Chapter 5-Rights of Occupation in the Home
Awards of property and financial rewards
The Family Law Act 1996
The Matrimonial Causes Act 1973/ Civil Partnerships Act
2004 and Marriage (Same Sex Couples) Act 2013 Lump sum
Transfer of property
Settlement of property order and variation of order
Orders for the benefit of children
Financial awards-The Domestic proceedings and Magistrates Court Act 1978
Financial awards-section 27 of the Matrionial Causes Act 1973
Financial and property awards-section 15 of the Children Act 1989
Unmarried partners
Establishing a trust
An express agreement
Quantification of beneficial interests under a trust
Proprietary estoppel
Occupation of the home
*
Chapter 6-Provision for Children-Current System of Child Maintenance
History
The three Child Maintenance schemes
Child maintenance arrangements
A family-based arrangement
A statutory arrangement
Through the Courts
What is Child Maintenance Options?
What information does the CMS need
Enforcement of non-payment
Child maintenance arrangements and benefit claims
Tax credits
Qualifying child, parent with care or non-resident parent live outside the UK
What happens if the non-resident parent lives abroad?
Disputes about the parentage of a child
Liability affected when both parents share the care of their child or children
Child spends an equal amount of time with both parents?
What decisions can people appeal against?
Allowance given for relevant other children
The absent parent now has a new partner and children to support
Matters taken into account when making an order
The Children Act 1989, Section 15
Chapter 7-Domestic Violence
Domestic violence during the pandemic
Current Definition of domestic violence
The Family Law Act 1996 Part 1V
Associated persons or relevant child
Non-molestation orders
Occupation orders
The courts powers
The balance of harm test
Applicant is a former spouse or a cohabitant
Former cohabitant with no right to occupy
Additional powers
The Protection from Harassment Act 1997
Enforcement
Domestic Violence, Crime and Victims Act 2004
New rules on coercive and controlling behaviour
Domestic Violence Protection Notices
Clare s law
Forced marriage (Civil Protection) Act 2007
Secure Tenancies (Victim of Domestic Abuse Act) 2015
Chapter 8-Human Rights, Family and Children
Human Rights and BREXIT
The Human Rights Act
The European Convention on Human Rights
United Nations Convention on the Rights of
Definition of a child
Freestanding human rights applications in family cases
A local authority failure to protect children
Procedural rights
Proportionality of response
Chapter 9-Children and Adults 128
Parents rights and obligations
Definition of a parent
Biological parents
Psychological parents
Parenting and the social context
The legal parent
Surrogacy
Parental responsibility
Proving parentage
Step-parents
Adoptive parents
Foster parents
Parents and reproductive technology
The HFEA Authority (Disclosure) Regulations 2004
Parties separating
Parental responsibility and childrens rights generally
Rights of Children in Domestic and International Law
Consultation with Children
Names
Religion
Medical Treatment
Consent to Marriage
Corporal Punishment
Leaving Home
Ages of Consent
Welfare Principle
Contact Disputes
Children and the Criminal Justice system
Criminal Responsibility
Criminal trials
Community sentences
Children in Detention
Education
Parenting Contracts and Orders
Employment
Travelling and leaving the country
Access to Justice and Redress
Chapter 10-Adoption
The Adoption and Children Act 2002
Adoption services
The Adopted Childrens Register
Opening up of adoption information
Care plans
Adoption of children from overseas
Who can be adopted?
Who can adopt?
Suitability
Matching parents and children
Regulation and review of decisions
Court orders
Placement order
Adoption order
Alternatives to adoption orders
Post-adoption contact orders
Adoption by step-parents
Discovery and information
Human rights and genetic identity
The Children and Adoption Act 2006
Further developments in adoption law
Chapter 11-Protection of Children and the resolution of Disputes
Child arrangement orders
Mediation and MIAM s
Child looked after by a local authority
Different types of proceedings
Types of applicant
Those entitled to apply for a residence or care order
Types of orders available
Care order
Supervision order
Education supervison order
Emergency protection orders
Child assessment order
Grounds on which a court will grant an order
Parental contact
Wardship and the Inherent jurisdiction of the courts
The Children s and Young Persons Act 2008
International Child Abduction
Children Act 2020 (Scotland)
Index
List of cases (Alphabetical order)
Ashbury v. Millington (1986)
A v A (Minors) Shared Residence Order 1994
B v BHC (1988)
Bellinger v Bellinger 2001
Charman v Charman
Coombes v. Smith (H.C. 1987)
De Reneville v de Reneville (1948)
Evans and Another v Alder Hey Children s
Fitzpatrick v Sterling Housing Association
Frette v Grace (2003)
Ghaidon v Mendoza (2004)
Gammans v Elkins (1950)
Gereis v Yacoub (1977)
Gillick v West Norfolk and Wisbech Health Authority 1986
Gissing V. Gissing (1979)
Horner v. Horner (1983)
Hudson v Leigh (2009)
Hyde v Hyde (1866)
Langdon v Horton 1951
Le Brocq v. Le Brocq (1964)
Leadbeater v Leadbeater (1985)
Livingstone-Stallard v Livingstone Stallard (H.C 1974).
Lloyds Bank PLC v Rossett (1990)
Owen v Owen (2018)
Passee v. Passee (C.A. 1988).
Petit v. Petit (1969)
Pugh v Pugh (1951)
Ross v Collins (1964)
Patel v. Patel (1988)
Re C (Adoption: Religious Observance) (2002)
Re KD (a minor) (Ward: termination of access) (1988)
Re W (Adoption-Homosexual adopter) 1997
Re O; Re J (children) (Blood Tests: Constraint) (2000)
Re R (a child) (IVF Paternity of Child) (2005), 139
Re Z (A Child: Human Fertilisation and Embryology Act 133 (2015)
R v Inhabitants of Darlington 1792
Steinfield and Keidan (2018)
Stack v Dowden
Tanner v. Tanner (C.A. 1975)
****
Ch. 1
Introduction

The area of family law is a very complex area, multi-faceted, including every aspect of law and legal intervention into the lives, both private and domestic, of those who are related by blood or by association. This comprehensive book covers changes to 2021. The book mainly covers England and Wales. For further clarification and respective law in Scotland and Northern Ireland go to:
www.gov.scot/policies/family-law
For Northern Ireland:
www.nidirect.gov.uk/information-and-services/going-court/family-courts
COVID 19 and family law-general observations Slowing down of the justice system
The justice system continues to operate, but in the short-term, it is likely to be in a very different, and reduced, form. Urgent matters, such as urgent children applications and domestic violence injunction applications, will no doubt continue to be dealt with, but non-urgent matters will delayed significantly, and some perhaps until the epidemic or at least the worst of it, will be over. Of course, that may depend upon how long the epidemic will be with us.
Some of the systems already operate online, such as divorce, and that will surely continue, although it may slow a little if it suffers staff shortages due to the virus. We can expect other areas of family law to be pushed online ahead of schedule, too.
And then there is the idea of remote hearings, which are already being used. There will no doubt be many more of these. However, Some parties and witnesses may have limited or no internet access. Arranging numerous parties, lawyers and witnesses to be online simultaneously may be problematic.
Heightened domestic abuse risks
Many of us are having to stay at home. If a person is already in an abusive relationship, this may obviously put them in ex