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 2019 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.

Sujets

• Droit et juridique

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 janvier 2019
• Nombre de lectures: 0
• EAN13: 9781847169426
• Langue: English

Extrait

A STRAIGHTFORWARD GUIDE TO FAMILY LAW
REVISED EDITION David Bryan
Straightforward Guides
www.straightforwardco.co.uk
Straightforward Guides
Straightforward Co Ltd 2019
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.
Series Editor-Roger Sproston
British cataloguing in Publication Data. A catalogue record for this book is available from the British Library.
ISBN: 978-1-84716-880-1 ISBN ePUB: 978-1-84716-942-6 ISBN Kindle: 978-1-84716-939-6
Printed by 4edge www.4edge.co.uk
Cover design by Bookworks Islington
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
Chapter 3-Civil Partnerships
Registration of a civil partnership
Residency requirements for a civil partnership
Special circumstances
Housebound people
Detained people
Family relationships
Adoption
Parental responsibility
Dissolution of a civil partnership
Nullity
Separation
Property and financial arrangements
Chapter 4-When a Relationship Ends
The current divorce process
Contested petitions
The grounds 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, Marriage (Same Sex Couples) Act 2013
Periodic payments secured and unsecured
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 Matrimonial 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
What age does a child have to be
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
Definition of domestic violence
Inherent jurisdiction
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
Forced marriage (Civil Protection) Act 2007
Other steps and progress
Chapter 8-Children and the Human Rights Act
United Nations Convention on the Rights of The Child
Definition of a child
The European Convention on Human Rights
Freestanding human rights applications in family cases
A local authority failure to protect children
Procedural rights
Proportionality of response
Chapter 9-Children and Adults
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
Office of the Children s Commissioner
Key Areas of Parental Responsibility
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
Citizenship
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 order
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
Chapter 12-Making a Will
Making a will
Intestacy
The decision to make a will
Ownership of property
Children
Marriage or remarriage
Employment
Illness
Divorce and separation
Increase in personal wealth
The provisions of a will
Money you have saved
Property
Land
Insurance policies
Shares
Trusts
Personal effects
The funeral
Use of body after death
Making a recital
Making provisions in a will
Mental illness
Bankruptcy
Leaving money to charities
Preparing a will
Choice of an executor
Probate
Applying for probate
Index
****
List of cases
Langdon v Horton 1951
R v Inhabitants of Darlington (1972)
Gammas v Elikins (1950)
Ross v Collins (1964)
Watson v Lucas 1980
Fitzpatrick v Sterling Housing Association
Ghaidon v Mendoza (2004)
Steinfield and Keidan (2018)
Bellinger v Bellinger 2001
Hyde v Hyde (1866)
Charman v Charman
Stack v Dowden
Hudson v leigh (2009)
De Reneville v de Reneville (1948)
Pugh v Pugh (1951)
Gereis v Yacoub (1977)
Steinfield and Keidan
Owen v Ownen
Livingstone-Stallard v Livingstone Stallard (H.C 1974).
Le Brocq v. Le Brocq (1964)
Leadbeater v Leadbeater (1985)
Petit v. Petit (1969)
Gissing V.Gissing (1979)
Lloyds Bank PLC v Rossett (1990)
Passee v. Passee (C.A. 1988).
Coombes v. Smith (H.C. 1987)
Tanner v. Tanner (C.A. 1975)
Horner v. Horner (1983)
Patel v. Patel (1988)
Ashbury v. Millington (1986)
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),
Gillick v West Norfolk and Wisbech Health Authority 1986
Evans and Another v Alder Hey Children s
NHS Foundation Trust and Another 2018 Frette v Grace (2003)
A v A (Minors) 1994
****
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 2019. Newly introduced into the book is an appenix covering a list of fasmily law bills currently making their way through court in 2018/2019. There are also current updates in each area of law.
History and evolution of family law
Looking at historical definitions of the meaning of family this encompassed a wide group of people who shared the same household. Obviously, earlier interpretations could, in the light of the 21 st century, be seen as outdated and oppressive. For example, in R v Inhabitants of Darlington (1792) Lord Kenyon CJ stated that: in common parlance the family consists of those who live under the same roof with the pater familias: those who form his fireside . Servants were also included in this definition, often living with the same family for the whole of their lives.
Over the years society has changed, cultural norms have changed and the law has evolved to encompass these changes, as law tends to do. By the twenty first century, legal interventions in family life have developed along with definitions of family. Rent Act legislation helped to frame definitions of what was and was not family. In Langdon v Horton (1951) the Court of Appeal refu