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700 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Give two examples of ADR and what they entail |
Collaborative Law - family lawyers and clients agree in writing to reach a settlement without Court involvement. Sit together and discuss matters. May enlist other experts such as child specialists
Mediation - attempt to settle cases between the clients or MIAM. Will need to seek legal advice elsewhere |
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What is the name of the Scheme set up to enable family disputes to be resolved by arbitration? |
Institute of Family Law Arbitrators (IFLA) |
IFLA what |
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Give two names known as the person who starts proceedings / applications |
Petitioner / Applicant |
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What happens when people file documents to the Court? (Two steps) |
(1) The documents will be issued (stamped with the Court seal) (2) The documents will be served. Sent/given to the Respondent
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Respondent |
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In April 2014 the Family Court System was revised by the .......... and what was the outcome? |
Crime and Courts Act 2014 and there now stands a single family Court (The Family Court) |
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The Family Court hears all family proceedings in.... |
England & Wales |
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International cases involving applications for relief under .... |
Hague Convention
Brussels II Revised |
Rhymes with Plague & Brussel Sprouts |
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What is inherent jurisdiction |
A doctrine of the English common law that a superior Court has the jurisdiction to hear any matter that comes before it (unless a statue or rule limits that authority) |
Superior Court Hear |
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Give three examples of when the High Court of the (what division?) will need to hear a case before it |
Children (wardship), incapacitated or vulnerable adults |
Inherent jurisdiction |
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What does the judiciary of the Family Court include? |
High Court Judges Circuit Judges Recorders District Judges (including DJ’s of the Magistrates’ Court) Magistrates Legal Advisers (Justices’ Clerks) |
6 different ones |
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Before the Family Court existed, where were family cases heard? |
Family Proceedings Courts (sitting in Magistrates’ Courts) County Courts High Court of the Family Division |
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Are all Judges and Magistrates members of the same Court and sit as ‘Judged of the Family Court’ ? |
Yes |
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What is the name of the Act governing law or Divorce & Financial Relief and for which couples? |
Matrimonial Causes Act 1973 (MCA 1973) For heterosexual & same-sex married couples |
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What is the name of the Act that governs Civil Partnerships between same-sex couples? |
The Civil Partnership Act 2004 (CPA 2004) |
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Name the act dealing with DV and crime |
The Domestic Violence, Crime & Victims Act (2004) DVCVA 2004 |
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Some applications must be accompanied by evidence in the form of _ _ _ _ _ _ _ _ _ & _ _ _ _ _ - _ _ _ _ _ _ _ _ _ |
Affidavit Sworn statement |
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Name the act dealing with children |
Children Act 1989 |
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What does TLATA stand for? |
Trusts of Land and Appointment of Trustees Act 1996 |
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Name the Act that deals with beneficial interests in the shared home and preventing a sale |
Trusts of Land and Appointment of Trustees Act TLATA 1996 |
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Name the rule that governs divorce procedures including ancillary matters such as finance, children and DV |
Family Procedure Rules 2010 (FPR 2010) |
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Whats another name for a ‘without notice’ Application? |
Ex parte |
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What are the two types of notices that can be made? |
On notice Without notice |
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What does an On-Notice Application do? And what can the Respondent do? |
Gives advance notice to the Respondent of the Hearing date. Respondent can then file evidence and appear at the Hearing if they want to |
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Applicant forms can vary depending on the ........ Most forms are however.... |
Subject-matter Pre-printed and standard in nature |
Purpose Printer |
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How many Application forms are filed at Court and what happens next? |
Usually two copies. Court will then insert details of the Hearing (date, time & location/venue) on the form and serve one copy to the Respondent |
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Do the details of evidence filed with Applications need to be precise? |
Depends on the nature of the Application. Requirements are set out in the Court rules governing particular Applications. |
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‘Without Notice’ Application doesn’t inform the ............ and they may not know the Application has been made until they are served with an ........ before/after? the Hearing |
Other party Order After |
Three answers |
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What are the circumstances under which a ‘Without Notice’ Application can be made? |
Urgent Informing the other party would defeat the purpose of the Application Matter does not affect other party |
Three circumstances |
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Give scenario based examples of the circumstances in which a ‘Without Notice’ Application can be made (three examples) and what Application they need |
Urgent - DV involved, threatening behaviour from other party. Applicant scared. Needs a Non-Mol. Informing Respondent would defeat the purpose of the Application - Respondent threatening to destroy vital evidence concerning their financial situation. Needs a Injunction. If the matter does not affect the other party - mistakes made in a document and Applicant wants to make amends. The amendments DO NOT affect the other party. Applicant must apply to the Court for permission to make these amendments.
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DV Vital Evidence Mistakes/Amendments |
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If the Respondent breaches an order (Without Notice Applications) what can the consequences include? |
Arrested Imprisonment |
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MCA 1973 governs.... |
Law of Divorce |
Three letters |
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What is the ground for Divorce and where is it found? |
The marriage has broken down irretrievably S1(1) MCA 1973 |
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Where are the facts to prove the ground for Divorce found and how many are there? |
S1(2) MCA 1973 Five facts |
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What is Fact A of Divorce and where is it found |
Adultery/Intolerability to live with Respondent S1(2)(A) MCA 1973 (as amended by Sch4 part 3 marriage (same sex couples) Act 2013) |
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What defines ‘adultery’ |
Voluntary sexual intercourse between a man and woman, one of both of whom is/are already married to someone else |
Voluntary sex One/both already married |
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What defines ‘adultery’ |
Voluntary sexual intercourse between a man and woman, one of both of whom is/are already married to someone else |
Voluntary sex One/both already married |
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Can same-sex couples rely on Fact A? Give reasons to your yes/no answer |
Yes they can if their partner voluntarily had sexual intercourse with someone of the opposite sex. No if their partner voluntarily had sexual intercourse with someone of the same sex. |
Both Y & N. Reason: cheated w someone of same sex .. |
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What is the ground for Divorce and where is it found? |
The marriage has broken down irretrievably S1(1) MCA 1973 |
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Where are the facts to prove the ground for Divorce found and how many are there? |
S1(2) MCA 1973 Five facts |
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What is Fact A of Divorce and where is it found |
Adultery/Intolerability to live with Respondent S1(2)(A) MCA 1973 (as amended by Sch4 part 3 marriage (same sex couples) Act 2013) |
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What defines ‘adultery’ |
Voluntary sexual intercourse between a man and woman, one of both of whom is/are already married to someone else |
Voluntary sex One/both already married |
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Can same-sex couples rely on Fact A? Give reasons to your yes/no answer |
Yes they can if their partner voluntarily had sexual intercourse with someone of the opposite sex. No if their partner voluntarily had sexual intercourse with someone of the same sex. |
Both Y & N. Reason: cheated w someone of same sex .. |
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Can Fact A be used to dissolve a Civil Partnership? |
No |
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What is the ground for Divorce and where is it found? |
The marriage has broken down irretrievably S1(1) MCA 1973 |
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Can same-sex couples rely on Fact A? Give reasons to your yes/no answer |
Yes they can if their partner voluntarily had sexual intercourse with someone of the opposite sex. No if their partner voluntarily had sexual intercourse with someone of the same sex. |
Both Y & N. Reason: cheated w someone of same sex .. |
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Can Fact A be used to dissolve a Civil Partnership? |
No |
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Can an Applicant rely on his own adultery for Divorce ? |
No |
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What is the ground for Divorce and where is it found? |
The marriage has broken down irretrievably S1(1) MCA 1973 |
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Where are the facts to prove the ground for Divorce found and how many are there? |
S1(2) MCA 1973 Five facts |
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What is Fact A of Divorce and where is it found |
Adultery/Intolerability to live with Respondent S1(2)(A) MCA 1973 (as amended by Sch4 part 3 marriage (same sex couples) Act 2013) |
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What defines ‘adultery’ |
Voluntary sexual intercourse between a man and woman, one of both of whom is/are already married to someone else |
Voluntary sex One/both already married |
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Can same-sex couples rely on Fact A? Give reasons to your yes/no answer |
Yes they can if their partner voluntarily had sexual intercourse with someone of the opposite sex. No if their partner voluntarily had sexual intercourse with someone of the same sex. |
Both Y & N. Reason: cheated w someone of same sex .. |
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Can Fact A be used to dissolve a Civil Partnership? |
No |
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‘Applicant finds it intolerable to live with Respondent’ - explain |
Intolerability is subjective and does not need to be connected with adultery. It is sufficient for A to include a statement in the Application that she/he finds it intolerable to live with the Respondent. |
Intolerability - subjective. Doesn’t NEED to be connected to Adultery. Sufficient to put statement in Application |
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Who formulated a test for Fact B? |
Dunn J |
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Fact B (Divorce) name the relevant case |
Livingstone - Stallard v Livingstone - Stallard (1974) |
L S |
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What year is the case for Livingstone - Stallard? |
1974 |
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What is the test from Livingstone-Stallard case also known as? |
‘Right-thinking person approach’ |
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What is the test Dunn J formulated ? |
‘Would any right-thinking person come to the conclusion that this Husband has behaved in such a way that this wife cannot reasonably be expected to live with him, taking into account the whole of the circumstances and the characters and personalities of the parties?’ |
Conclusion Husband behaved Wife cannot reasonably Expected - live Circumstances Characters & personalities |
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Give 4 examples of unreasonable behaviour |
Violence / DV Lack of or excessive demands for sex Lack of excessive sociability Alcohol/drug abuse
Others: Financial irresponsibility Shouting, silence or lack of communication |
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What is the subjective test for Livingstone-Stallard and what is the objective test? |
Subjective - how has this R’s behaviour affected the A? Objective - could a reasonable person be expected to live with this R? |
Behaviour - affected A reasonable person - live |
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To use fact C in Divorce, what can the Applicant not have done? |
• A must not have given R any reason to leave • A must not have given consent to the desertion |
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What is Fact C (Divorce)? And where is it found |
Desertion for a continuous period of two years S1 (2) (C) |
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What must Respondent do to prove fact C (Divorce)? |
Intend to cease cohabitation permanently |
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What is Fact D and where is it found? |
Separation for 2 years with Respondent’s consent S1 (2) (D) |
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Give two examples of why a person may physically separate from their spouse |
Working abroad Looking after sick relative |
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The Respondent can withdraw their consent at any point before _________ ______ |
Decree Nisin |
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What does the separation need to be? (Form) |
Physical Mental |
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Give the most popular and second most popular facts used for Divorce |
Fact B - Behaviour/Intolerability Fact D - 2 years separation |
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What is found under S3 (1) MCA 1973? |
Matrimonial and CP proceedings cannot be commenced within the first year of marriage |
First year.. |
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What is found under S3(2) MCA 1973? |
Applicant can rely on events that happened during the first year of their marriage, in their application |
Events occurred in first year of marriage |
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What is the name of the unusual case where one party defended the Fact B Application? |
Owens v Owens (2016) |
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When do you NOT need to provide a certificate regarding reconciliation? |
If the Solicitor is only providing legal advice and not acting I.e - CW1 client |
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Name four documents needed for commencement of Divorce proceedings |
(1) Original Marriage Certificate (2) Application / Petition (3) Statement of Reconciliation/Certificate with regard to reconciliation (4) Court fee/Help with fees form |
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How many copies of a Divorce Petition should get sent to Court and why? |
Three - One for Court - One for Respondent - One to be sent back to you AND MAYBE ONE FOR CO-RESPONDENT IF THEY ARE NAMED |
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If someone has lost the original copy of their marriage certificate, where can they obtain another copy? |
The Register Office |
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What is the name of the Divorce Petition/Application Form? |
Form D8 |
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What does ‘domicile’ mean? |
Refers to where a person is born or choses to live as their permanent home |
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When drafting a statement on a Divorce petition relying on Fact B, how must you set the details out? |
In chronological order Numbered short paragraphs of each incident How the incident(s) affected the Applicant Avoid essay format |
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What does the Statement of Reconciliation state? |
Whether or not the Legal Advisor has discussed possibility of reconciliation and given any names of professionals to help They do not HAVE to discuss this |
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What is Form D6? |
Statement with regard to reconciliation |
Reconciliation |
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Clients being advised under legal help do/don’t ? need to pay the issue fee so they must..... |
Don’t Need to provide details of their legal adviser ok their form and include evidence (i.e - letter from legal adviser) |
Letter |
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What does DWP stand for? |
Department for Work and Pensions |
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Who is exempt from paying Court fee? |
If someone is on benefits - Income Support or Income-Based JSA (need evidence - letter from DWP) Ground of ‘hardship’ - provide full details to Court of their means and Court will decide how much they should pay |
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What defines ‘adultery’ |
Voluntary sexual intercourse between a man and woman, one of both of whom is/are already married to someone else |
Voluntary sex One/both already married |
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How many Divorce Centres are there in England & Wales? |
11 |
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If there are errors on a Divorce Petition, what will the Court do? If there are no errors ? |
Errors - Court will return it No errors - Court will open a Court file and allocate a case number which must be quoted on all documents thereon after |
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Can same-sex couples rely on Fact A? Give reasons to your yes/no answer |
Yes they can if their partner voluntarily had sexual intercourse with someone of the opposite sex. No if their partner voluntarily had sexual intercourse with someone of the same sex. |
Both Y & N. Reason: cheated w someone of same sex .. |
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Can Fact A be used to dissolve a Civil Partnership? |
No |
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Can an Applicant rely on his own adultery for Divorce ? |
No |
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‘Applicant finds it intolerable to live with Respondent’ - explain |
Intolerability is subjective and does not need to be connected with adultery. It is sufficient for A to include a statement in the Application that she/he finds it intolerable to live with the Respondent. |
Intolerability - subjective. Doesn’t NEED to be connected to Adultery. Sufficient to put statement in Application |
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What is fact B (Divorce) |
Behaviour (unreasonable) and would a reasonable person be expected to live w this person |
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Where can you find Fact B? |
S1 (2)(B)MCA 1973 |
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SERVICE What do Court do with the papers ? And what papers? |
Send papers to Respondent through the post (a sealed copy of the petition and an AoS) |
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Who else may need to be served if the Applicant has relied on Adultery? |
Co-respondent if they are named on the petition |
Cheated with |
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Who else may need to be served if the Applicant has relied on Adultery? |
Co-respondent if they are named on the petition |
Cheated with |
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Should people name the Co-respondent in an Adultery fact Divorce? |
No, it is best not to unless there is going to be a costs order sought against them |
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Who else may need to be served if the Applicant has relied on Adultery? |
Co-respondent if they are named on the petition |
Cheated with |
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Should people name the Co-respondent in an Adultery fact Divorce? |
No, it is best not to unless there is going to be a costs order sought against them |
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What does the Respondent need to do once they receive the papers? |
Complete the AoS and return it to Court |
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What papers do the Court send to the Respondent? |
Sealed copy of the Application (stamped with official Court stamp) And AoS |
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What papers do the Court send to the Respondent? |
Sealed copy of the Application (stamped with official Court stamp) And AoS |
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If the Respondent does not return the AoS, can the Applicant continue with the Divorce anyway? |
No, she needs to prove that the Application has been served |
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What papers do the Court send to the Respondent? |
Sealed copy of the Application (stamped with official Court stamp) And AoS |
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If the Respondent does not return the AoS, can the Applicant continue with the Divorce anyway? |
No, she needs to prove that the Application has been served |
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Whats the ideal action the Applicant’s Legal Adviser should do once the papers have been served to the Respondent? Why is this efficient? |
Write a letter to the Respondent and ask them to return the AoS Saves time and costs |
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What papers do the Court send to the Respondent? |
Sealed copy of the Application (stamped with official Court stamp) And AoS |
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If the Respondent does not return the AoS, can the Applicant continue with the Divorce anyway? |
No, she needs to prove that the Application has been served |
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Whats the ideal action the Applicant’s Legal Adviser should do once the papers have been served to the Respondent? Why is this efficient? |
Write a letter to the Respondent and ask them to return the AoS Saves time and costs |
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Name four options to serve the Respondent with the Divorce papers if they do not return the AoS |
Service by Court Bailiff Personal Service Deemed Service Substituted Service |
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Can an Applicant serve the papers to the Respondent themselves? |
No |
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Explain the process of Service by Court Bailiff |
• This is requested by completing a standard form which you can get from the Court Office • A photograph or a description of the R must be supplied • Court bailiffs are professionals and v experienced, they will serve the R, even if they are being difficult and trying to evade Service • If the Bailiff Service is successful, the bailiff will certify accordingly and the Court will be satisfied that the service has been effected |
4 steps Where can you get the form from? What do you need to supply? Court Bailiffs are good/bad? If Bailiff does it, what does he then need to do? Will Court be satisfied with the Service being effected? |
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What is Personal Service? Explain the process |
• Personal Service is when the R is served the papers by a Process Server. Process Servers are people employed to serve papers. Members of staff (legal adviser) can also serve the papers. • They charge a fee but are more likely to be successful with the Service to difficult R’s. • They then provide an Affidavit (to prove personal service) which is sworn by the individual who effected the Service and they must indicate the date, time and place of Service. • The affidavit is then filed with the Court as proof of Service. The Court will therefore be satisfied that Service has been effected. |
4 points Process Server, member of staff Charge a fee, difficult R’s Affidavit - details? Filed with Court for proof |
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Explain ‘Deemed Service’ |
• If the R has not returned the AoS but there is indirect evidence to suggest they have received it then the Court may grant an Order that Service be ‘deemed’ • All evidence is indirect and the Court will decide if the evidence is satisfactory or not |
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Give an example of ‘Deemed Service’ |
Respondent indirectly admitting he has received the papers in a letter/email |
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What happens if an Applicant can provide indirect evidence that the Respondent has been served with the papers? |
Court may grant an Order for Service to be deemed (depending on the evidence) |
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Explain ‘Deemed Service’ |
• Not usual but to ask the Judge for an Order for Substituted Service. If granted, Service will need to be effected another way. • Examples - advertisement which will come to the R’s attention OR leaving papers with a family member. • Before this is granted, Court must be satisfied that other methods of Service have tried and extensive attempts have been made to serve the R and decide there is a reasonable probability that the Advert or any other form of Substituted Service will come to the attention of the R. |
Three points • Not normal. A different method of serving the R • Other methods have been tried • This method should grab R’s attention |
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Give an example of an extra question on a Fact A Divorce (adultery) on an AoS |
Do they admit the adultery |
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Give four examples of questions asked to the R in a AoS? |
• Has Application been received? • When and where? • Does R have a Solicitor acting for them? • Does R intend to defend the case? |
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Give an example of an extra question on Fact D Divorce (Separation 2 years) on an AoS? |
Do they consent to the Divorce |
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Who should sign the AoS? And which facts mean only the R can sign the AoS? |
Respondent or their Legal Adviser If Fact A or D , R must sign only |
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Who should sign the AoS? And which facts mean only the R can sign the AoS? |
Respondent or their Legal Adviser If Fact A or D , R must sign only |
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How many days does R have to return AoS? |
Seven days |
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Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
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Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
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If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
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Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
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If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
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If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
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Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
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If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
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If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
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If R wants to defend Divorce, what happens next? |
• R must file an answer (equivalent to defence) within 28 days from Service of Application • R can make a Cross Application if they wish to apply for Divorce them self which needs to be included in the same document • If parties don’t come to an agreement, an Open Court Hearing with oral evidence will be arranged |
Three steps R to file answer in .... days Cross Application No agreement? Open Court Hearing
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Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
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If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
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If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
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If R wants to defend Divorce, what happens next? |
• R must file an answer (equivalent to defence) within 28 days from Service of Application • R can make a Cross Application if they wish to apply for Divorce them self which needs to be included in the same document • If parties don’t come to an agreement, an Open Court Hearing with oral evidence will be arranged |
Three steps R to file answer in .... days Cross Application No agreement? Open Court Hearing
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Can a Co-Respondent defend a Divorce ? |
Yes |
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Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
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If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
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If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
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If R wants to defend Divorce, what happens next? |
• R must file an answer (equivalent to defence) within 28 days from Service of Application • R can make a Cross Application if they wish to apply for Divorce them self which needs to be included in the same document • If parties don’t come to an agreement, an Open Court Hearing with oral evidence will be arranged |
Three steps R to file answer in .... days Cross Application No agreement? Open Court Hearing
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Can a Co-Respondent defend a Divorce ? |
Yes |
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If R does not file an answer, what happens next? |
A can proceed with the Divorce process on an ‘undefended Divorce’ basis |
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Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
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If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
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If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
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If R wants to defend Divorce, what happens next? |
• R must file an answer (equivalent to defence) within 28 days from Service of Application • R can make a Cross Application if they wish to apply for Divorce them self which needs to be included in the same document • If parties don’t come to an agreement, an Open Court Hearing with oral evidence will be arranged |
Three steps R to file answer in .... days Cross Application No agreement? Open Court Hearing
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Can a Co-Respondent defend a Divorce ? |
Yes |
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If R does not file an answer, what happens next? |
A can proceed with the Divorce process on an ‘undefended Divorce’ basis |
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What do undefended Divorces involve and not involve? (One example of each) |
Paperwork only No Court Hearings |
Filling out forms Not physically going anywhere |
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Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
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If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
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If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
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If R wants to defend Divorce, what happens next? |
• R must file an answer (equivalent to defence) within 28 days from Service of Application • R can make a Cross Application if they wish to apply for Divorce them self which needs to be included in the same document • If parties don’t come to an agreement, an Open Court Hearing with oral evidence will be arranged |
Three steps R to file answer in .... days Cross Application No agreement? Open Court Hearing
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Can a Co-Respondent defend a Divorce ? |
Yes |
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If R does not file an answer, what happens next? |
A can proceed with the Divorce process on an ‘undefended Divorce’ basis |
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|
What do undefended Divorces involve and not involve? (One example of each) |
Paperwork only No Court Hearings |
Filling out forms Not physically going anywhere |
|
|
State two circumstances where A can apply for Decree Nisi? |
If R has not given notice to defend the petition Seven days have passed since the Service of the Petition to the R |
Defend Amount of days that need to pass since Service |
|
|
What is the Decree Nisi known as in Civil Partnerships? |
Conditional Order |
11 letters & 5 letters |
|
|
Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
|
|
|
If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
|
|
|
If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
|
|
If R wants to defend Divorce, what happens next? |
• R must file an answer (equivalent to defence) within 28 days from Service of Application • R can make a Cross Application if they wish to apply for Divorce them self which needs to be included in the same document • If parties don’t come to an agreement, an Open Court Hearing with oral evidence will be arranged |
Three steps R to file answer in .... days Cross Application No agreement? Open Court Hearing
|
|
|
Can a Co-Respondent defend a Divorce ? |
Yes |
|
|
|
If R does not file an answer, what happens next? |
A can proceed with the Divorce process on an ‘undefended Divorce’ basis |
|
|
|
What do undefended Divorces involve and not involve? (One example of each) |
Paperwork only No Court Hearings |
Filling out forms Not physically going anywhere |
|
|
State two circumstances where A can apply for Decree Nisi? |
If R has not given notice to defend the petition Seven days have passed since the Service of the Petition to the R |
Defend Amount of days that need to pass since Service |
|
|
What is the Decree Nisi known as in Civil Partnerships? |
Conditional Order |
11 letters & 5 letters |
|
|
What does the Statement in Support show? |
Evidence of marital breakdown |
Why the marriage broke down |
|
|
Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
|
|
|
Is the statement of support a standard form and are there separate forms for each fact? |
Yes Yes |
|
|
|
If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
|
|
|
If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
|
|
If R wants to defend Divorce, what happens next? |
• R must file an answer (equivalent to defence) within 28 days from Service of Application • R can make a Cross Application if they wish to apply for Divorce them self which needs to be included in the same document • If parties don’t come to an agreement, an Open Court Hearing with oral evidence will be arranged |
Three steps R to file answer in .... days Cross Application No agreement? Open Court Hearing
|
|
|
Can a Co-Respondent defend a Divorce ? |
Yes |
|
|
|
If R does not file an answer, what happens next? |
A can proceed with the Divorce process on an ‘undefended Divorce’ basis |
|
|
|
What do undefended Divorces involve and not involve? (One example of each) |
Paperwork only No Court Hearings |
Filling out forms Not physically going anywhere |
|
|
State two circumstances where A can apply for Decree Nisi? |
If R has not given notice to defend the petition Seven days have passed since the Service of the Petition to the R |
Defend Amount of days that need to pass since Service |
|
|
What is the Decree Nisi known as in Civil Partnerships? |
Conditional Order |
11 letters & 5 letters |
|
|
What does the Statement in Support show? |
Evidence of marital breakdown |
Why the marriage broke down |
|
|
Does a copy of the AoS get sent to the A once R has signed and returned? |
Yes |
|
|
|
Is the statement of support a standard form and are there separate forms for each fact? |
Yes Yes |
|
|
|
What does the A need to do with the AoS and Statement in Support in order to apply for Decree Nisi? |
A needs to identify the R’s signature on AoS Send Application for DN and Statement in Support to Court |
R’s signature Send which papers to Court to apply for DN? |
|
|
If AoS not returned by R, what does A need to do? |
Choose a type of service to prove the papers have been served on the R |
|
|
|
If R does not intend to defend the Divorce, what does A need to do next? |
Apply for Decree Nisi |
Mid stage of Divorce |
|
|
If R wants to defend Divorce, what happens next? |
• R must file an answer (equivalent to defence) within 28 days from Service of Application • R can make a Cross Application if they wish to apply for Divorce them self which needs to be included in the same document • If parties don’t come to an agreement, an Open Court Hearing with oral evidence will be arranged |
Three steps R to file answer in .... days Cross Application No agreement? Open Court Hearing
|
|
|
Can a Co-Respondent defend a Divorce ? |
Yes |
|
|
|
If R does not file an answer, what happens next? |
A can proceed with the Divorce process on an ‘undefended Divorce’ basis |
|
|
|
What do undefended Divorces involve and not involve? (One example of each) |
Paperwork only No Court Hearings |
Filling out forms Not physically going anywhere |
|
|
State two circumstances where A can apply for Decree Nisi? |
If R has not given notice to defend the petition Seven days have passed since the Service of the Petition to the R |
Defend Amount of days that need to pass since Service |
|
|
What is the Decree Nisi known as in Civil Partnerships? |
Conditional Order |
11 letters & 5 letters |
|
|
What does the Statement in Support show? |
Evidence of marital breakdown |
Why the marriage broke down |
|
|
What other docs can A file with Court with DN application and Statement in Support? E.g - Fact B (behaviour) Fact A (Adultery) |
Further statements Fact B - Medical affidavit to substantiate medical treatment for injuries Fact A - If R not admitting to adultery, get a statement from a relevant person who can substantiate the adultery took place |
Medical Relevant person Substantiate both the above |
|
|
Who checks over the Divorce papers and reviews the case to see if Applicant’s are entitled to a Decree Nisi ? |
Legal Adviser |
|
|
|
Who checks over the Divorce papers and reviews the case to see if Applicant’s are entitled to a Decree Nisi ? |
Legal Adviser |
|
|
|
What does a Legal Adviser need to check before listing Decree Nisi ? |
• R & Co-R have been served properly (or Service has been dispensed with) • No intention to defend has been filed/time expired or intention to defend has been filed but no answer filed/time expired • Fact A - Adultery has been admitted by the Respondent or it has been proven • Fact D - Separation 2 years - Consent has been provided by R |
R & Co-R served Intention to defend / no intention to defend. Time expiry limit Adultery - admission / proven Separation 2 years - consent |
|
|
Who checks over the Divorce papers and reviews the case to see if Applicant’s are entitled to a Decree Nisi ? |
Legal Adviser |
|
|
|
What does a Legal Adviser need to check before listing Decree Nisi ? |
• R & Co-R have been served properly (or Service has been dispensed with) • No intention to defend has been filed/time expired or intention to defend has been filed but no answer filed/time expired • Fact A - Adultery has been admitted by the Respondent or it has been proven • Fact D - Separation 2 years - Consent has been provided by R |
R & Co-R served Intention to defend / no intention to defend. Time expiry limit Adultery - admission / proven Separation 2 years - consent |
|
|
On which documents are Consent and Admissions found? |
AoS |
|
|
|
Who checks over the Divorce papers and reviews the case to see if Applicant’s are entitled to a Decree Nisi ? |
Legal Adviser |
|
|
|
What does a Legal Adviser need to check before listing Decree Nisi ? |
• R & Co-R have been served properly (or Service has been dispensed with) • No intention to defend has been filed/time expired or intention to defend has been filed but no answer filed/time expired • Fact A - Adultery has been admitted by the Respondent or it has been proven • Fact D - Separation 2 years - Consent has been provided by R |
R & Co-R served Intention to defend / no intention to defend. Time expiry limit Adultery - admission / proven Separation 2 years - consent |
|
|
On which documents are Consent and Admissions found? |
AoS |
|
|
|
How is it proved that the admission/consent is the R’s? |
A must identify R’s signature on the AoS |
|
|
|
Once the legal adviser has considered the evidence and decided that the marriage has irretrievably broken down, what happens next? |
Direct the Application to be listed for the making of a Decree Nisi on the next available date A certificate is issued (a standard Court form). |
Date of DN Certificate |
|
|
Once the legal adviser has considered the evidence and decided that the marriage has irretrievably broken down, what happens next? |
Direct the Application to be listed for the making of a Decree Nisi on the next available date A certificate is issued (a standard Court form). |
Date of DN Certificate |
|
|
What does the Certificate of Decree Nisi state? |
Applicant is entitled to a Decree Makes Orders for costs Gives notice of time, date and place for pronouncement of Decree Nisi |
Entitlement to DN Costs Orders Details of DN pronouncement |
|
|
The certificate of entitlement to a decree is what? |
A Decree Nisi |
|
|
|
Do parties have to attend the pronouncement of the DN? |
No and if they do , they need to notify the Court and set out the reasons why they want to attend |
|
|
|
Does the Decree Nisi dissolve the marriage? |
No |
|
|
|
How long does the Applicant need to wait to apply for Decree Absolute after obtaining Decree Nisi? |
6 weeks and 1 day |
|
|
|
What is a Decree Absolute known as in a Civil Partnership? |
Final Order |
F O |
|
|
What does it mean when a Decree Absolute can be expedited? |
Granted at an earlier date |
|
|
|
What does it mean when a Decree Absolute can be expedited? |
Granted at an earlier date |
|
|
|
What is the Form D36? |
Decree Absolute Form |
|
|
|
What does it mean when a Decree Absolute can be expedited? |
Granted at an earlier date |
|
|
|
What is the Form D36? |
Decree Absolute Form |
|
|
|
When a Decree Absolute Application is made, what do the Court look for? |
• No appeal has been lodged against the DN • Enough time has passed since DN (6 weeks) |
Appeal Time |
|
|
What is the name of the Form the Court issues and sends to both parties (Decree Absolute) ? |
D37 |
|
|
|
Once parties receive Decree Absolute, what does this mean? |
Their marriage is dissolved and they are free to remarry |
Dissolved Remarry |
|
|
Once parties receive Decree Absolute, what does this mean? |
Their marriage is dissolved and they are free to remarry |
Dissolved Remarry |
|
|
Can wills be affected once parties are officially divorced? |
Yes all wills are revoked |
|
|
|
Once parties receive Decree Absolute, what does this mean? |
Their marriage is dissolved and they are free to remarry |
Dissolved Remarry |
|
|
Can wills be affected once parties are officially divorced? |
Yes all wills are revoked |
|
|
|
If the Applicant fails to apply for Deceee Nisi after 6 weeks 1 day, can the R do anything? |
Yes, the R can apply for the Decree Absolute after three months from the earliest date the A COULD HAVE applied (6 weeks 1 day) |
Three months |
|
|
Once parties receive Decree Absolute, what does this mean? |
Their marriage is dissolved and they are free to remarry |
Dissolved Remarry |
|
|
Can wills be affected once parties are officially divorced? |
Yes all wills are revoked |
|
|
|
If the Applicant fails to apply for Deceee Nisi after 6 weeks 1 day, can the R do anything? |
Yes, the R can apply for the Decree Absolute after three months from the earliest date the A COULD HAVE applied (6 weeks 1 day) |
Three months |
|
|
How must the R apply for Decree Nisi if A hasn’t? |
R needs to make an appt before the Court first |
|
|
|
Once parties receive Decree Absolute, what does this mean? |
Their marriage is dissolved and they are free to remarry |
Dissolved Remarry |
|
|
Can wills be affected once parties are officially divorced? |
Yes all wills are revoked |
|
|
|
If the Applicant fails to apply for Deceee Nisi after 6 weeks 1 day, can the R do anything? |
Yes, the R can apply for the Decree Absolute after three months from the earliest date the A COULD HAVE applied (6 weeks 1 day) |
Three months |
|
|
How must the R apply for Decree Nisi if A hasn’t? |
R needs to make an appt before the Court first |
|
|
|
If R applies for Decree Absolute after obtaining an appt before the Court, what can A do? |
A has the opportunity to show that they will suffer prejudice if DA is granted |
Prejudice |
|
|
Once parties receive Decree Absolute, what does this mean? |
Their marriage is dissolved and they are free to remarry |
Dissolved Remarry |
|
|
Can wills be affected once parties are officially divorced? |
Yes all wills are revoked |
|
|
|
If the Applicant fails to apply for Deceee Nisi after 6 weeks 1 day, can the R do anything? |
Yes, the R can apply for the Decree Absolute after three months from the earliest date the A COULD HAVE applied (6 weeks 1 day) |
Three months |
|
|
How must the R apply for Decree Nisi if A hasn’t? |
R needs to make an appt before the Court first |
|
|
|
What happened in Re G (Decree Absolute: Prejudice) [2003] |
A(wife) said financial proceedings were not sorted. Court did not accept wife’s allegations of substantial non-disclosure by Husband or that he would frustrate her claims by moving abroad |
Financial proceedings not sorted Substantial non-disclosure Frustrate claims - moving abroad |
|
|
What happened in Thakkar v Thakkar [2016] ? |
Court distinguished Re G (Decree Absolute: Prejudice) [2003] and refused the Decree Absolute to the R - Husband. This was because the assets consisted of complex offshore structures |
Looked at Re G (DA:Prejudice) (2003) Assets consisted of complex offshore structures |
|
|
S41 MCA 1973 said what about Divorce proceedings? (Before)
What now repeals that? |
Children need to be considered S17 CFA 2014 - children don’t need to be considered during the main divorce process |
Kids |
|
|
Applications for financial orders are governed by what ‘part’ of Family Procedure Rules 2010? |
Part 9 |
|
|
|
Applications for financial orders are governed by what ‘part’ of Family Procedure Rules 2010? |
Part 9 |
|
|
|
Explain the facts in Young v Young [2013] |
• 7 year Court battle, 65 Hearings • Mrs awarded £20m. Mr’s net assets worth £40m • Mrs spent approx £6.4m on legal fees • Mrs unhappy with outcome as she believes Mr hid a vast fortune |
7 Year Court Battle |
|
|
The remedies available against DV are found under .... |
Part IV Family Law Act 1996 (FLA 1996) |
FLA (year I was born) |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
Give two examples of DV |
• Preventing partner from leaving house and contacting friends/family • Always checking partner’s Social Media |
Contact w others Phone |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
Does DV need to build over time? |
No, it can be a pattern of incidents or one single act |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
Give two examples of DV |
• Preventing partner from leaving house and contacting friends/family • Always checking partner’s Social Media |
Contact w others Phone |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
Does DV need to build over time? |
No, it can be a pattern of incidents or one single act |
|
|
|
Is there a specific criminal offence of domestic violence? If so, what? If not, what can they rely on? |
No there isn’t Police need to user other offences such as assault or harassment |
Others offences |
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
Give two examples of DV |
• Preventing partner from leaving house and contacting friends/family • Always checking partner’s Social Media |
Contact w others Phone |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
Does DV need to build over time? |
No, it can be a pattern of incidents or one single act |
|
|
|
Is there a specific criminal offence of domestic violence? If so, what? If not, what can they rely on? |
No there isn’t Police need to user other offences such as assault or harassment |
Others offences |
|
|
Other offences assault or harassment come under which Act? |
Protection from Harassment Act 1997 |
Protection Harassment One year after I was born |
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
Give two examples of DV |
• Preventing partner from leaving house and contacting friends/family • Always checking partner’s Social Media |
Contact w others Phone |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
Does DV need to build over time? |
No, it can be a pattern of incidents or one single act |
|
|
|
Is there a specific criminal offence of domestic violence? If so, what? If not, what can they rely on? |
No there isn’t Police need to user other offences such as assault or harassment |
Others offences |
|
|
Other offences assault or harassment come under which Act? |
Protection from Harassment Act 1997 |
Protection Harassment One year after I was born |
|
|
A new offence of coercive / controlling behaviour was introduced by what Act? |
S76 Serious Crime Act 2015 |
S67 S C A |
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
Give two examples of DV |
• Preventing partner from leaving house and contacting friends/family • Always checking partner’s Social Media |
Contact w others Phone |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
Does DV need to build over time? |
No, it can be a pattern of incidents or one single act |
|
|
|
Is there a specific criminal offence of domestic violence? If so, what? If not, what can they rely on? |
No there isn’t Police need to user other offences such as assault or harassment |
Others offences |
|
|
Other offences assault or harassment come under which Act? |
Protection from Harassment Act 1997 |
Protection Harassment One year after I was born |
|
|
A new offence of coercive / controlling behaviour was introduced by what Act? |
S76 Serious Crime Act 2015 |
S67 S C A |
|
|
What can be an example of controlling or coercive behaviour ? |
Non-violent but still has an effect on the Victim Stops Victim from seeing friends, not allowed to use mobile phone, controlling their social media |
|
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
Give two examples of DV |
• Preventing partner from leaving house and contacting friends/family • Always checking partner’s Social Media |
Contact w others Phone |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
Does DV need to build over time? |
No, it can be a pattern of incidents or one single act |
|
|
|
Is there a specific criminal offence of domestic violence? If so, what? If not, what can they rely on? |
No there isn’t Police need to user other offences such as assault or harassment |
Others offences |
|
|
Other offences assault or harassment come under which Act? |
Protection from Harassment Act 1997 |
Protection Harassment One year after I was born |
|
|
A new offence of coercive / controlling behaviour was introduced by what Act? |
S76 Serious Crime Act 2015 |
S67 S C A |
|
|
What can be an example of controlling or coercive behaviour ? |
Non-violent but still has an effect on the Victim Stops Victim from seeing friends, not allowed to use mobile phone, controlling their social media |
|
|
|
When a DV Victim contacts the Police, what can a Senior Police Officer do? What will this action do? |
Authorise temporary Domestic Violence Protection Notice (DVPN) if he/she has reasonable grounds to believe the perpetrator has been violent/threatened the Victim Perpetrator can be banned from the home and from having contact with the Victim (immediate effect) |
DVPN - reasonable grounds Home / contact |
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
Give two examples of DV |
• Preventing partner from leaving house and contacting friends/family • Always checking partner’s Social Media |
Contact w others Phone |
|
|
What is the name of the Order that can forbid one party from molesting the other? |
Non-molestation Order |
|
|
|
Does DV need to build over time? |
No, it can be a pattern of incidents or one single act |
|
|
|
Is there a specific criminal offence of domestic violence? If so, what? If not, what can they rely on? |
No there isn’t Police need to user other offences such as assault or harassment |
Others offences |
|
|
Other offences assault or harassment come under which Act? |
Protection from Harassment Act 1997 |
Protection Harassment One year after I was born |
|
|
A new offence of coercive / controlling behaviour was introduced by what Act? |
S76 Serious Crime Act 2015 |
S67 S C A |
|
|
What can be an example of controlling or coercive behaviour ? |
Non-violent but still has an effect on the Victim Stops Victim from seeing friends, not allowed to use mobile phone, controlling their social media |
|
|
|
When a DV Victim contacts the Police, what can a Senior Police Officer do? What will this action do? |
Authorise temporary Domestic Violence Protection Notice (DVPN) if he/she has reasonable grounds to believe the perpetrator has been violent/threatened the Victim Perpetrator can be banned from the home and from having contact with the Victim (immediate effect) |
DVPN - reasonable grounds Home / contact |
|
|
After DVPN has been authorised, what can the Police do next? What is the aim of this?Give all details |
Apply to Mags Court for a Domestic Violence Protection Order (DVPO). This can last for between 14 and 28 days. Aim: to give Victim time to get some support and consider next steps/options |
DVPO How many days it lasts Support |
|
|
What is the name of the Order than can order one party to leave the home? |
Occupation Order |
|
|
|
What is DVCVA 2004 and what has it done? |
Domestic Violence, Crime and Victims Act 2004 Has made some important changes to the law on DV and criminal justice |
Changes to law DV Criminal justice |
|
|
Which Act introduced ‘forced marriage protection orders’ ? |
The Forced Marriage (Civil Protection) Act 2007 (FM(CP)A 2007) |
Forced marriage Civil protection |
|
|
The forced marriage protection orders protect ...... & ...... |
• A person from being forced into a marriage or from any attempt to be forced into a marriage • A person who has been forced into a marriage |
Attempted force Been forced |
|
|
What is the traditional view of police involvement in DV cases? |
Negative |
|
|
|
Which three organisations have adopted a working definition of DV? |
Govt Depts, Crown Prosecution Service (CPS) and Police |
Govt CPS Feds |
|
|
What is the definition of DV? |
Refers to any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 and over who are, or have been, intimate partners or family members regardless of gender or sexuality |
Incidents Controlling , coercive, threatening 16 + Partners / family Gender / sexuality |
|
|
What can DV abuse encompass? |
Psychological Physical Emotional Financial Sexual |
Five points P P E F S |
|
|
Give two examples of DV |
• Preventing partner from leaving house and contacting friends/family • Always checking partner’s Social Media |
Contact w others Phone |
|
|
If a suspect is charged with an offence what may be imposed? |
Bail conditions |
|
|
|
Bail conditions are enforced by the ........ and investigated by the .......... |
Courts Police |
|
|
|
Associated persons (DV cases) is in which subsection(s)? |
Ss62-63 |
|
|
|
Associated persons (DV cases) is in which subsection(s)? |
Ss62-63 |
|
|
|
The Applicant and Respondent must be what under ss62-63 |
‘Associated persons’ |
|
|
|
Associated persons (DV cases) is in which subsection(s)? |
Ss62-63 |
|
|
|
The Applicant and Respondent must be what under ss62-63 |
‘Associated persons’ |
|
|
|
Name 8 examples of ‘associated persons’ under s62 FLA 1996 |
• Have been married. Spouses/ex spouses • Civil Partners • Cohabitants or former cohabs • Live in same household (unless commercial arrangement. I.e - employee, tenant, lodger) • Engaged (within three years of engagement being broken off) • Intimate personal relationships (don’t live together though) • Some relatives (Father, Mother, Siblings, Aunt, Uncle, Son, Daughter) • R:E - Child - Child’s parents and anyone who has PR for the child |
Married CP Live together Live together but not for commercial arrangement Engaged (3 years) Relationships Relative Child (PR) |
|
|
Associated persons (DV cases) is in which subsection(s)? |
Ss62-63 |
|
|
|
The Applicant and Respondent must be what under ss62-63 |
‘Associated persons’ |
|
|
|
Name 8 examples of ‘associated persons’ under s62 FLA 1996 |
• Have been married. Spouses/ex spouses • Civil Partners • Cohabitants or former cohabs • Live in same household (unless commercial arrangement. I.e - employee, tenant, lodger) • Engaged (within three years of engagement being broken off) • Intimate personal relationships (don’t live together though) • Some relatives (Father, Mother, Siblings, Aunt, Uncle, Son, Daughter) • R:E - Child - Child’s parents and anyone who has PR for the child |
Married CP Live together Live together but not for commercial arrangement Engaged (3 years) Relationships Relative Child (PR) |
|
|
What section are Non-Mols under in FLA 1996? |
S42 |
|
|
|
Associated persons (DV cases) is in which subsection(s)? |
Ss62-63 |
|
|
|
The Applicant and Respondent must be what under ss62-63 |
‘Associated persons’ |
|
|
|
Name 8 examples of ‘associated persons’ under s62 FLA 1996 |
• Have been married. Spouses/ex spouses • Civil Partners • Cohabitants or former cohabs • Live in same household (unless commercial arrangement. I.e - employee, tenant, lodger) • Engaged (within three years of engagement being broken off) • Intimate personal relationships (don’t live together though) • Some relatives (Father, Mother, Siblings, Aunt, Uncle, Son, Daughter) • R:E - Child - Child’s parents and anyone who has PR for the child |
Married CP Live together Live together but not for commercial arrangement Engaged (3 years) Relationships Relative Child (PR) |
|
|
What section are Non-Mols under in FLA 1996? |
S42 |
|
|
|
What are non-mols designed to do? |
Prevent the Respondent from molesting the Applicant or relevant child |
Prevent |
|
|
Explain the term ‘relevant child’ |
Any child who is living with or might reasonably be expected to live with either part to the proceedings. |
|
|
|
Give examples of ‘molestation behaviour’ |
• Threats of violence • Nuisance phone calls • Loitering • Shouting outside A’s house |
|
|
|
Give examples of ‘molestation behaviour’ |
• Threats of violence • Nuisance phone calls • Loitering • Shouting outside A’s house |
|
|
|
What does a non-mol order do? |
Prohibit particular actions or molestation in general. |
|
|
|
Give examples of ‘molestation behaviour’ |
• Threats of violence • Nuisance phone calls • Loitering • Shouting outside A’s house |
|
|
|
What does a non-mol order do? |
Prohibit particular actions or molestation in general. |
|
|
|
Can a non-mol order be applied for by application? |
No. Court can make the order if necessary. I.e - if there are existing proceedings already. |
|
|
|
Most factors need to be considered by Court before granting a non-mol order (e.g - circumstances of a case) What is the ultimate aim for the Court and where should the points be stated by A? |
• Health, safety and wellbeing of A or relevant child • All relevant points should be mentioned on the Application Form and include supporting documentation |
Safety Supporting Documentation |
|
|
Most factors need to be considered by Court before granting a non-mol order (e.g - circumstances of a case) What is the ultimate aim for the Court and where should the points be stated by A? |
• Health, safety and wellbeing of A or relevant child • All relevant points should be mentioned on the Application Form and include supporting documentation |
Safety Supporting Documentation |
|
|
How long can a non-mol order last for? |
It can be for a specified period or until further order. Could also be open-ended. |
|
|
|
Most factors need to be considered by Court before granting a non-mol order (e.g - circumstances of a case) What is the ultimate aim for the Court and where should the points be stated by A? |
• Health, safety and wellbeing of A or relevant child • All relevant points should be mentioned on the Application Form and include supporting documentation |
Safety Supporting Documentation |
|
|
How long can a non-mol order last for? |
It can be for a specified period or until further order. Could also be open-ended. |
|
|
|
What subsections are occupation orders found under? |
Ss 33-41 |
|
|
|
Give two examples of when a occupation order may be necessary |
• To exclude R from the home • A wishing to return to home after being kicked out by R |
|
|
|
Which one is more harder to obtain? Non-mol or occupation order? |
Occupation order |
|
|
|
An A must satisfy two conditions to have a right to apply for an occupation order. What are they? |
• A and R must be ‘associated persons’ • The property must be a ‘dwelling house’ and must be/ must have been intended to be the home of A and R ( Excepts ss37 and ss38) |
|
|
|
Five different sections of FLA 1996 deal with applications for occupation orders. Name the five sections covering different situations. S33-S38 |
1. S33= A has right to occupy property. 2. S35= A ( former spouse/cp) had no existing right to occupy property but R (former spouse/cp) does have right to occupy. 3. S36= A (cohabitant/former cohab) = no existing right to occupy. R ( cohab/former cohab) = existing right to occupy 4. S37 = A and R (spouse/former spouse OR CP/former CP) - neither have right to occupy 5. S38 = A & R (cohab/former cohab) - neither have the right to occupy |
Right to occupy Former spouse / CP - A no right Cohab/former cohab - A no right Spouse/former spouse - A & R no right Cohab / former cohab A & R - neither has right |
|
|
Give four examples of when an A will be entitled to occupy ( S33 FLA 1996) |
• Soul owner of the property • Joint owner of the property • Tenant or joint tenant • Entitled to occupy by virtue of possessing ‘home rights’ ( if they are married to the owner who owns the property/ cp)
|
|
|
|
If A does not have any entitlement to occupy, can they use ss33 to obtain an occupation? |
No |
|
|
|
If A does not have any entitlement to occupy, can they use ss33 to obtain an occupation? |
No |
|
|
|
An order under s33 may state what (6 examples) |
• State that A is entitled to remain in the home • If R has kicked A out, it can state that the A is allowed to enter the home again and stay there • state a ‘timetable’ so both parties can use the house at different times • Restrict the R’s right to occupy • Require the R to leave the home/ part of it. • Exclude the R from the defined area in which the home is included |
A to remain on home Timetable Restrict R Require R to leave Exclude R - defined area |
|
|
Name 4 circumstances the court will need to decide when making an occupation order under s33 |
• Housing needs and resources of parties and if there are any children • Financial resources of the parties ( can the excluded party afford another home) • If an order is made or not made - what effect could this have on the parties or children involved • The conduct of the parties in relation to each other and otherwise |
Needs of the house Financial Effects of order made Conduct |
|
|
Name 4 circumstances the court will need to decide when making an occupation order under s33 |
• Housing needs and resources of parties and if there are any children • Financial resources of the parties ( can the excluded party afford another home) • If an order is made or not made - what effect could this have on the parties or children involved • The conduct of the parties in relation to each other and otherwise |
Needs of the house Financial Effects of order made Conduct |
|
|
What is ‘ balance of harm test’ for occupation orders |
Deciding whether it would actually be beneficial to not make an order rather than making one by considering whether the A or ant relevant child is likely to suffer significant harm |
Significant harm |
|
|
Name 4 circumstances the court will need to decide when making an occupation order under s33 |
• Housing needs and resources of parties and if there are any children • Financial resources of the parties ( can the excluded party afford another home) • If an order is made or not made - what effect could this have on the parties or children involved • The conduct of the parties in relation to each other and otherwise |
Needs of the house Financial Effects of order made Conduct |
|
|
What is ‘ balance of harm test’ for occupation orders |
Deciding whether it would actually be beneficial to not make an order rather than making one by considering whether the A or ant relevant child is likely to suffer significant harm |
Significant harm |
|
|
What does the case of PF v CF (2016) state? |
The ‘harm’ includes mental as well ad physical, ill-treatment, even if there is no threat of violence |
Other types of harm exists |
|
|
Name 4 circumstances the court will need to decide when making an occupation order under s33 |
• Housing needs and resources of parties and if there are any children • Financial resources of the parties ( can the excluded party afford another home) • If an order is made or not made - what effect could this have on the parties or children involved • The conduct of the parties in relation to each other and otherwise |
Needs of the house Financial Effects of order made Conduct |
|
|
What is ‘ balance of harm test’ for occupation orders |
Deciding whether it would actually be beneficial to not make an order rather than making one by considering whether the A or ant relevant child is likely to suffer significant harm |
Significant harm |
|
|
What does the case of PF v CF (2016) state? |
The ‘harm’ includes mental as well ad physical, ill-treatment, even if there is no threat of violence |
Other types of harm exists |
|
|
State 3 examples of the duration of an occupation order |
1. Specified period 2. Occurrence of a specific event 3. Until further order |
|
|
|
Name 4 circumstances the court will need to decide when making an occupation order under s33 |
• Housing needs and resources of parties and if there are any children • Financial resources of the parties ( can the excluded party afford another home) • If an order is made or not made - what effect could this have on the parties or children involved • The conduct of the parties in relation to each other and otherwise |
Needs of the house Financial Effects of order made Conduct |
|
|
What is ‘ balance of harm test’ for occupation orders |
Deciding whether it would actually be beneficial to not make an order rather than making one by considering whether the A or ant relevant child is likely to suffer significant harm |
Significant harm |
|
|
What does the case of PF v CF (2016) state? |
The ‘harm’ includes mental as well ad physical, ill-treatment, even if there is no threat of violence |
Other types of harm exists |
|
|
State 3 examples of the duration of an occupation order |
1. Specified period 2. Occurrence of a specific event 3. Until further order |
|
|
|
Can an order be made without notice for an occupation order? |
Yes, under appropriate circumstances |
|
|
|
What does s35 ( occupation order) state? |
Applications can be made by former spouse/CP with no existing right to occupy against the R who DOES have a right to occupy |
|
|
|
What are the 2 types of provisions that can be included in an occupation order and what do they do? |
Occupation provision=gives the A the right to occupy the property Exclusion provision=restricts the R’s right to occupy and can exclude the R from the home/defined area in which the home is included |
|
|
|
What are the 2 types of provisions that can be included in an occupation order and what do they do? |
Occupation provision=gives the A the right to occupy the property Exclusion provision=restricts the R’s right to occupy and can exclude the R from the home/defined area in which the home is included |
|
|
|
Undef S35 FLA 1996 (Occupation orders), what circumstances do the court need to consider? (A-G) |
• Housing needs/resources of each parties and relevant child • Financial resources • Likely effect of any order • Conduct of parties • length of time that has elapsed since party ceased to live together • length of time elapsed since marriage was dissolved/ annulled • existence of any pending proceedings |
|
|
|
Who should apply for under S36 (occupation order) |
Other cohabitants with no existing rights to occupy. If they do have a right then they should apply under S33 |
No rights Rights - apply under S33 |
|
|
Who should apply for under S36 (occupation order) |
Other cohabitants with no existing rights to occupy. If they do have a right then they should apply under S33 |
No rights Rights - apply under S33 |
|
|
Under S 36 (occupation order) (Applicant is a cohabitant or former cohabitant with no existing right to occupy), what does the court needs to consider? |
• housing needs and housing resources • Financial resources • likely effect of order/ no order • conduct of parties • nature of parties’ relationship ( and level of commitment involved in it) • length of cohabitation • Ant children? Or have PR for any children? • length of time elapsed since parties ceased to live together • The existence of any pending proceedings |
|
|
|
Who should apply for under S36 (occupation order) |
Other cohabitants with no existing rights to occupy. If they do have a right then they should apply under S33 |
No rights Rights - apply under S33 |
|
|
Under S 36 (occupation order) (Applicant is a cohabitant or former cohabitant with no existing right to occupy), what does the court needs to consider? |
• housing needs and housing resources • Financial resources • likely effect of order/ no order • conduct of parties • nature of parties’ relationship ( and level of commitment involved in it) • length of cohabitation • Ant children? Or have PR for any children? • length of time elapsed since parties ceased to live together • The existence of any pending proceedings |
|
|
|
What test always needs to be considered before courtgrant an occupation order? |
Balance of harm test |
|
|
|
Who should apply for under S36 (occupation order) |
Other cohabitants with no existing rights to occupy. If they do have a right then they should apply under S33 |
No rights Rights - apply under S33 |
|
|
Under S 36 (occupation order) (Applicant is a cohabitant or former cohabitant with no existing right to occupy), what does the court needs to consider? |
• housing needs and housing resources • Financial resources • likely effect of order/ no order • conduct of parties • nature of parties’ relationship ( and level of commitment involved in it) • length of cohabitation • Ant children? Or have PR for any children? • length of time elapsed since parties ceased to live together • The existence of any pending proceedings |
|
|
|
What test always needs to be considered before courtgrant an occupation order? |
Balance of harm test |
|
|
|
How long should an occupation order last for if made under S36 |
Should not exceed six months and can be extended on one occasion only |
|
|
|
When a court makes an occupation order under SS33, 35 or 36, it can also make ancillary order under ...... |
Under s40 |
|
|
|
Give an example of what an order under s40 could include? |
Either party to pay the rent/contribute towards the mortgage |
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Give an example of what an order under s40 could include? |
Either party to pay the rent/contribute towards the mortgage |
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Is it easy to make a ‘without notice’ occupation order (S45 FLA 1996) |
No it is not easy. The court will need persuading |
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Give an example of what an order under s40 could include? |
Either party to pay the rent/contribute towards the mortgage |
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Is it easy to make a ‘without notice’ occupation order (S45 FLA 1996) |
No it is not easy. The court will need persuading |
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If court makes a ‘without notice’ occupation order, what must court do? |
Arrange a full hearing ASAP so that R can make representations ‘on notice’ if they wish |
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Give an example of what an order under s40 could include? |
Either party to pay the rent/contribute towards the mortgage |
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Is it easy to make a ‘without notice’ occupation order (S45 FLA 1996) |
No it is not easy. The court will need persuading |
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If court makes a ‘without notice’ occupation order, what must court do? |
Arrange a full hearing ASAP so that R can make representations ‘on notice’ if they wish |
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What provision is under S47 FLA 1996? |
Power of arrest |
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If someone breaches a non-mol order what are the consequences? |
They can be arrested or imprisoned |
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If someone breaches a non-mol order what are the consequences? |
They can be arrested or imprisoned |
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What can be attached to an occupation order (regarding arrest) |
‘Power of arrest’ |
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If the application for occupation order is on notice and the R has threatened or used violence against the A and there is significant harm to the A or child what must the court do? |
Court must attach a ‘power of arrest’ to the order unless it is satisfied that the A will be protected without it |
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If the application for occupation order is on notice and the R has threatened or used violence against the A and there is significant harm to the A or child what must the court do? |
Court must attach a ‘power of arrest’ to the order unless it is satisfied that the A will be protected without it |
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If R breaches the order (when there is no ‘power of arrest’ attached), what happens? |
The process of arresting the R will be slower and harder as a warrant must be obtained from court first |
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The application for a non-mol and occupation order is called what? And what needs to support it? |
FL401 Witness statement by the A |
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If a ‘without notice’ Application is made for a non-mol/occupation order, what must the A do in the statement? |
Give reasons as to why the notice is not being given on the statement (by the applicant) |
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What documents need to be sent to the court applying for a non mol/application order? |
• Form FL401 • Statement in support |
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What documents need to be sent to the court applying for a non mol/application order? |
• Form FL401 • Statement in support |
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Is there a fee payable with a non-mol/occupation order? |
No |
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Once the FL401 form and statement in support have been issued at the court what happens next? |
Court will issue a hearing date |
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Once the FL401 form and statement in support have been issued at the court what happens next? |
Court will issue a hearing date |
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If a non-mol occupation is on notice, what needs to be served upon the R? |
The application on notice, the sworn statement and a notice in form FL402( notice the proceedings) |
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Once the FL401 form and statement in support have been issued at the court what happens next? |
Court will issue a hearing date |
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If a non-mol occupation is on notice, what needs to be served upon the R? |
The application on notice, the sworn statement and a notice in form FL402( notice the proceedings) |
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The R must be given how many days notice of the hearing? (For non-mol/occupation) |
Two clear days |
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Once the FL401 form and statement in support have been issued at the court what happens next? |
Court will issue a hearing date |
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If a non-mol occupation is on notice, what needs to be served upon the R? |
The application on notice, the sworn statement and a notice in form FL402( notice the proceedings) |
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The R must be given how many days notice of the hearing? (For non-mol/occupation) |
Two clear days |
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What does ‘confirm service’ mean (non mol/ occupation order) and what is the form called? |
Applicant (their firm) must file a statement of service with the Court following service of the application. The statement is on the prescribed form FL415 |
File statement of service |
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If an order is made for non-mol/occupation,what form will it be on? |
Form FL404 |
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If an order is made for non-mol/occupation,what form will it be on? |
Form FL404 |
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There are certain provisions concerning notification to.......and.......of hearings and orders (R:E-Occupation orders) |
Landlords and mortgagees |
Home owners/ people payed |
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When a ‘power of arrest’ is attached to an order what form needs to be sent to the police station nearest to A’s address together with a statement confirming that R has been served with the order? |
Form FL406 |
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When a ‘power of arrest’ is attached to an order what form needs to be sent to the police station nearest to A’s address together with a statement confirming that R has been served with the order? |
Form FL406 |
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If parties are not ‘associated persons’ FLA 1996 will not apply. What will that person have to rely on if not FL a 1996 and what will this do? |
The protection from harassment act 1997 This will provide either criminal or civil protection from unwanted molestation/stalking by either a criminal charge or an injunction |
Harassment Stalking |
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What is the starting point of the law in the children act 1989? |
That The welfare of the children is paramount consideration |
Paramount |
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What is the starting point of the law in the children act 1989? |
That The welfare of the children is paramount consideration |
Paramount |
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Disputes between parents and carers about children is described as what part of children law? |
Private |
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When local authority intervenes in family life because of a risk to a child, typically in care proceedings, what type of children law is this? |
Public |
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What does CFA stand for? And what does it reform? |
Children and families act 2014 Reforms the system for adoption, looked-after children, family justice and special educational needs |
Four points: A.............. LA............ F.......J....... S...E....N... |
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What does CFA stand for? And what does it reform? |
Children and families act 2014 Reforms the system for adoption, looked-after children, family justice and special educational needs |
Four points: A.............. LA............ F.......J....... S...E....N... |
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What statutory recognition does CFA 2014 provide? |
That it is in the Childs interest for both parents to remain involved in the Childs life |
Both parents |
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What does CFA stand for? And what does it reform? |
Children and families act 2014 Reforms the system for adoption, looked-after children, family justice and special educational needs |
Four points: A.............. LA............ F.......J....... S...E....N... |
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What statutory recognition does CFA 2014 provide? |
That it is in the Childs interest for both parents to remain involved in the Childs life |
Both parents |
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Name of the four principles under CA 1989 |
• welfare principle • no delay • no order • presumption of parental involvement |
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What does CFA stand for? And what does it reform? |
Children and families act 2014 Reforms the system for adoption, looked-after children, family justice and special educational needs |
Four points: A.............. LA............ F.......J....... S...E....N... |
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What statutory recognition does CFA 2014 provide? |
That it is in the Childs interest for both parents to remain involved in the Childs life |
Both parents |
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Name of the four principles under CA 1989 |
• welfare principle • no delay • no order • presumption of parental involvement |
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Name of the sections of the four principles under CA 1989 |
S1(1)CA 1989= welfare principle S1 (2) CA 1989= no delay S1(2A) CA 1989 = presumption of parental involvement S1 (5) CA 1989 = No Order |
S1 (1) CA 1989 2, 2A & 5 |
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What is the welfare Principle S1 (1) CA 1989 |
Court considers any question of a Childs upbringing or administration of the child property. The child welfare is the paramount consideration. |
Upbringing/administration of the Childs property Paramount consideration |
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What is the welfare Principle S1 (1) CA 1989 |
Court considers any question of a Childs upbringing or administration of the child property. The child welfare is the paramount consideration. |
Upbringing/administration of the Childs property Paramount consideration |
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The welfare principle was confirmed by the House of Lords in what case? |
Re G (children) (2006) |
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What happened in the case of Re G (children) (2006) |
House of lords awarded residence to the ‘biological’ mother in a lesbian couple. The child was born by insemination. Biological mother having residence made sense. However, biological mothers do not always get favoured against a biological father. |
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What is the welfare Principle S1 (1) CA 1989 |
Court considers any question of a Childs upbringing or administration of the child property. The child welfare is the paramount consideration. |
Upbringing/administration of the Childs property Paramount consideration |
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The welfare principle was confirmed by the House of Lords in what case? |
Re G (children) (2006) |
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What happened in the case of Re G (children) (2006) |
House of lords awarded residence to the ‘biological’ mother in a lesbian couple. The child was born by insemination. Biological mother having residence made sense. However, biological mothers do not always get favoured against a biological father. |
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What is the ‘no delay’ principle? S1(2) CA 1989 |
The court must consider that delaying proceedings could prejudice the welfare of the child |
Prejudice welfare |
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What is the welfare Principle S1 (1) CA 1989 |
Court considers any question of a Childs upbringing or administration of the child property. The child welfare is the paramount consideration. |
Upbringing/administration of the Childs property Paramount consideration |
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The welfare principle was confirmed by the House of Lords in what case? |
Re G (children) (2006) |
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What happened in the case of Re G (children) (2006) |
House of lords awarded residence to the ‘biological’ mother in a lesbian couple. The child was born by insemination. Biological mother having residence made sense. However, biological mothers do not always get favoured against a biological father. |
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What is the ‘no delay’ principle? S1(2) CA 1989 |
The court must consider that delaying proceedings could prejudice the welfare of the child |
Prejudice welfare |
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What are the court required to do with regard to that no delay principle? S1(2) CA 1989 |
Court must draw up a timetable to determine matters without delay |
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What is the welfare Principle S1 (1) CA 1989 |
Court considers any question of a Childs upbringing or administration of the child property. The child welfare is the paramount consideration. |
Upbringing/administration of the Childs property Paramount consideration |
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|
The welfare principle was confirmed by the House of Lords in what case? |
Re G (children) (2006) |
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What happened in the case of Re G (children) (2006) |
House of lords awarded residence to the ‘biological’ mother in a lesbian couple. The child was born by insemination. Biological mother having residence made sense. However, biological mothers do not always get favoured against a biological father. |
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What is the ‘no delay’ principle? S1(2) CA 1989 |
The court must consider that delaying proceedings could prejudice the welfare of the child |
Prejudice welfare |
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What are the court required to do with regard to that no delay principle? S1(2) CA 1989 |
Court must draw up a timetable to determine matters without delay |
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What is “presumption of parental involvement “ S1(2A) CA 1989 |
Court is to assume that involving both parents in a Childs life is in the best interests for the child welfare unless contrary is shown (I.E – unsafe and child is at risk if they do not have contact with a particular parent). |
Contrary shown? |
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What is the welfare Principle S1 (1) CA 1989 |
Court considers any question of a Childs upbringing or administration of the child property. The child welfare is the paramount consideration. |
Upbringing/administration of the Childs property Paramount consideration |
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|
The welfare principle was confirmed by the House of Lords in what case? |
Re G (children) (2006) |
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What happened in the case of Re G (children) (2006) |
House of lords awarded residence to the ‘biological’ mother in a lesbian couple. The child was born by insemination. Biological mother having residence made sense. However, biological mothers do not always get favoured against a biological father. |
|
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What is the ‘no delay’ principle? S1(2) CA 1989 |
The court must consider that delaying proceedings could prejudice the welfare of the child |
Prejudice welfare |
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What are the court required to do with regard to that no delay principle? S1(2) CA 1989 |
Court must draw up a timetable to determine matters without delay |
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What is “presumption of parental involvement “ S1(2A) CA 1989 |
Court is to assume that involving both parents in a Childs life is in the best interests for the child welfare unless contrary is shown (I.E – unsafe and child is at risk if they do not have contact with a particular parent). |
Contrary shown? |
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‘Involvement’ is defined under where for presumption of parental involvement? And what type of involvement can this be? |
S1(2B) CA 1989. Contact can be direct or indirect |
Face-to-face, letters, birthday cards, etc |
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What is the welfare Principle S1 (1) CA 1989 |
Court considers any question of a Childs upbringing or administration of the child property. The child welfare is the paramount consideration. |
Upbringing/administration of the Childs property Paramount consideration |
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|
The welfare principle was confirmed by the House of Lords in what case? |
Re G (children) (2006) |
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What happened in the case of Re G (children) (2006) |
House of lords awarded residence to the ‘biological’ mother in a lesbian couple. The child was born by insemination. Biological mother having residence made sense. However, biological mothers do not always get favoured against a biological father. |
|
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|
What is the ‘no delay’ principle? S1(2) CA 1989 |
The court must consider that delaying proceedings could prejudice the welfare of the child |
Prejudice welfare |
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What are the court required to do with regard to that no delay principle? S1(2) CA 1989 |
Court must draw up a timetable to determine matters without delay |
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What is “presumption of parental involvement “ S1(2A) CA 1989 |
Court is to assume that involving both parents in a Childs life is in the best interests for the child welfare unless contrary is shown (I.E – unsafe and child is at risk if they do not have contact with a particular parent). |
Contrary shown? |
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‘Involvement’ is defined under where for presumption of parental involvement? And what type of involvement can this be? |
S1(2B) CA 1989. Contact can be direct or indirect |
Face-to-face, letters, birthday cards, etc |
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Where is the welfare checklist found? |
S1(3) CA 1989 |
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How many factors are there in the welfare checklist? |
Seven |
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What is the welfare Principle S1 (1) CA 1989 |
Court considers any question of a Childs upbringing or administration of the child property. The child welfare is the paramount consideration. |
Upbringing/administration of the Childs property Paramount consideration |
|
|
The welfare principle was confirmed by the House of Lords in what case? |
Re G (children) (2006) |
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|
|
What happened in the case of Re G (children) (2006) |
House of lords awarded residence to the ‘biological’ mother in a lesbian couple. The child was born by insemination. Biological mother having residence made sense. However, biological mothers do not always get favoured against a biological father. |
|
|
|
What is the ‘no delay’ principle? S1(2) CA 1989 |
The court must consider that delaying proceedings could prejudice the welfare of the child |
Prejudice welfare |
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What are the court required to do with regard to that no delay principle? S1(2) CA 1989 |
Court must draw up a timetable to determine matters without delay |
|
|
|
What is “presumption of parental involvement “ S1(2A) CA 1989 |
Court is to assume that involving both parents in a Childs life is in the best interests for the child welfare unless contrary is shown (I.E – unsafe and child is at risk if they do not have contact with a particular parent). |
Contrary shown? |
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|
‘Involvement’ is defined under where for presumption of parental involvement? And what type of involvement can this be? |
S1(2B) CA 1989. Contact can be direct or indirect |
Face-to-face, letters, birthday cards, etc |
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Where is the welfare checklist found? |
S1(3) CA 1989 |
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How many factors are there in the welfare checklist? |
Seven |
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Briefly name the factors considered in the welfare checklist |
• wishes and feelings of the child (age/understanding) • Childs physical, emotional and educational needs • likely affect on child if there are changes in circumstances • Childs age, sex, background and relevant characteristics • any harm the child has suffered/risk of suffering • capability of parents to meet childs needs • range of powers available to court/no order |
Wishes, physical, effect, age, harm/risk, capability, powers |
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Which case does the “Gillick competence “come from? |
Gillick V West Norfolk AHA (1986) |
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What does “Gillick competence” mean? |
When considering the views of an older child, the court will consider how mature the child is and their understanding in matters. |
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What does “Gillick competence” mean? |
When considering the views of an older child, the court will consider how mature the child is and their understanding in matters. |
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Welfare checklist – the ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding). Explain this |
• Court will consider the maturity of child (Gillick competence) • Young child will not know what is best for them • Child wishes and feelings on made known to the court through a welfare report |
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Welfare checklist – the child’s physical, emotional and educational needs.Explain this. |
Change of school at a crucial time, whether a teenage child should live with the same-sex parent, any effect it may have on the child for not having contact with one parent and any special needs the child has |
Changing school, teenage child/parent, no contact, special-needs |
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Welfare checklist – the child’s physical, emotional and educational needs.Explain this. |
Change of school at a crucial time, whether a teenage child should live with the same-sex parent, any effect it may have on the child for not having contact with one parent and any special needs the child has |
Changing school, teenage child/parent, no contact, special-needs |
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Welfare checklist – the likely effect on the child of any change in his circumstances. Explain this. |
Court do not have to disrupt the Childs life if it is unsettling |
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Welfare checklist – the child’s physical, emotional and educational needs.Explain this. |
Change of school at a crucial time, whether a teenage child should live with the same-sex parent, any effect it may have on the child for not having contact with one parent and any special needs the child has |
Changing school, teenage child/parent, no contact, special-needs |
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Welfare checklist – the likely effect on the child of any change in his circumstances. Explain this. |
Court do not have to disrupt the Childs life if it is unsettling |
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The child age, sex, background and any characteristics of theirs which the court considers relevant. Explain this. |
• age – Child wishes will be taking into consideration depending on their age • sex – girls/boys during puberty should live with their same-sex parent • background – there are a lot of multicultural marriages now. People often from different religions and cultures. Court will encourage that the child can participate in all events from both cultures. • characteristics – child may have special needs and only one parent may be better equipped to deal with the child on a day to day basis. |
Wishes/age, girls/puberty, multicultural/Special needs, better equipped |
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Welfare checklist – any harm the child has suffered or is at risk of suffering. Explain this. |
Harm can be emotional as well as physical. The harm can include the child witnessing domestic violence between the parties. |
What types of harm can be included? Watching parents – DV |
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Welfare checklist – any harm the child has suffered or is at risk of suffering. Explain this. |
Harm can be emotional as well as physical. The harm can include the child witnessing domestic violence between the parties. |
What types of harm can be included? Watching parents – DV |
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Welfare checklist – how capable of the child parents, and any other relevant person in relation to whom the court considers the question to be relevant, is of meeting their needs. Explain this. |
This fact involves assessing the ability of the parents and any other potential carers (i.e – Grandparents, relatives, babysitters,etc) |
Relatives |
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Welfare checklist – any harm the child has suffered or is at risk of suffering. Explain this. |
Harm can be emotional as well as physical. The harm can include the child witnessing domestic violence between the parties. |
What types of harm can be included? Watching parents – DV |
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|
Welfare checklist – how capable of the child parents, and any other relevant person in relation to whom the court considers the question to be relevant, is of meeting their needs. Explain this. |
This fact involves assessing the ability of the parents and any other potential carers (i.e – Grandparents, relatives, babysitters,etc) |
Relatives |
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Welfare checklist – the range of powers available to the court under CA 1989 in the proceedings in question. Explain this. |
The court may make any order that is appropriate or may make no order at all. They will do what ever is best for the child involved. |
|
|
|
Welfare checklist – any harm the child has suffered or is at risk of suffering. Explain this. |
Harm can be emotional as well as physical. The harm can include the child witnessing domestic violence between the parties. |
What types of harm can be included? Watching parents – DV |
|
|
Welfare checklist – how capable of the child parents, and any other relevant person in relation to whom the court considers the question to be relevant, is of meeting their needs. Explain this. |
This fact involves assessing the ability of the parents and any other potential carers (i.e – Grandparents, relatives, babysitters,etc) |
Relatives |
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|
Welfare checklist – the range of powers available to the court under CA 1989 in the proceedings in question. Explain this. |
The court may make any order that is appropriate or may make no order at all. They will do what ever is best for the child involved. |
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What section defines parental responsibility? |
S3(1) CA 1989 |
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What is the definition of PR? |
“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property “ |
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What does PR include for a person with PR. Give examples? |
• decisions on education • religion • healthcare • diet • providing shelter • clothes • choosing a name |
Important decisions of different aspects of a Childs life including choosing a name |
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If people have PR for a child and cannot agree on a decision, what do they need to seek? |
Specific issue order |
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Who has automatic PR for a child? |
• all mothers • father if they are married to the mother at the time of birth • father if they are registered on the birth certificate after December 1st 2003 |
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Name for ways a father, aqquire PR |
• natural father marrying the Childs mother • entering into a PR agreement (only with mothers consent) • obtaining a court order for PR from court • Obtaining a CAO from court |
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Name two ways a stepparent come to choir PR for child of their spouse/civil partnership |
• if the natural parent (S) agree on this • by court order |
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When does PR cease? |
• if another person/couple adopt a child, the natural mother/father will not have PR for the child anymore • if a person who has PR dies • PR can Cease when a child turns 18 (if by court order) • if someone has required PR through a CAO the PR will continue for the duration of the CAO (S12 CA 1989) |
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What three orders can be made under S8? |
• Child arrangements order • specific issue order • prohibited steps order |
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What can a CAO do? |
decide where the child will live and who they will spend their time with/have contact with and what type of contact |
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When were CAO’s Introduced? |
April 2014 |
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What is the definition of PR? |
“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property “ |
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A CAO stating where child will live will remain in force until when ....... |
• went to the courtdischarges it • The child reaches the age of 16 |
Discharge and certain age |
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What does PR include for a person with PR. Give examples? |
• decisions on education • religion • healthcare • diet • providing shelter • clothes • choosing a name |
Important decisions of different aspects of a Childs life including choosing a name |
|
|
If people have PR for a child and cannot agree on a decision, what do they need to seek? |
Specific issue order |
|
|
|
Who has automatic PR for a child? |
• all mothers • father if they are married to the mother at the time of birth • father if they are registered on the birth certificate after December 1st 2003 |
|
|
|
Name for ways a father, aqquire PR |
• natural father marrying the Childs mother • entering into a PR agreement (only with mothers consent) • obtaining a court order for PR from court • Obtaining a CAO from court |
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|
|
Name two ways a stepparent come to choir PR for child of their spouse/civil partnership |
• if the natural parent (S) agree on this • by court order |
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|
When does PR cease? |
• if another person/couple adopt a child, the natural mother/father will not have PR for the child anymore • if a person who has PR dies • PR can Cease when a child turns 18 (if by court order) • if someone has required PR through a CAO the PR will continue for the duration of the CAO (S12 CA 1989) |
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|
What three orders can be made under S8? |
• Child arrangements order • specific issue order • prohibited steps order |
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|
|
What can a CAO do? |
decide where the child will live and who they will spend their time with/have contact with and what type of contact |
|
|
|
When were CAO’s Introduced? |
April 2014 |
|
|
|
What is the definition of PR? |
“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property “ |
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|
|
A CAO stating where child will live will remain in force until when ....... |
• went to the courtdischarges it • The child reaches the age of 16 |
Discharge and certain age |
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If two parents have PR and live together (Continuously) for longer than six months, what will happen to the CAO? |
CAO will cease to have effect |
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If a CAO States that a child is living with someone who is not a parent/guardian, the court has the power to do what? |
Extend the CAO until the child reaches 18 |
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What does PR include for a person with PR. Give examples? |
• decisions on education • religion • healthcare • diet • providing shelter • clothes • choosing a name |
Important decisions of different aspects of a Childs life including choosing a name |
|
|
If people have PR for a child and cannot agree on a decision, what do they need to seek? |
Specific issue order |
|
|
|
Who has automatic PR for a child? |
• all mothers • father if they are married to the mother at the time of birth • father if they are registered on the birth certificate after December 1st 2003 |
|
|
|
Name for ways a father, aqquire PR |
• natural father marrying the Childs mother • entering into a PR agreement (only with mothers consent) • obtaining a court order for PR from court • Obtaining a CAO from court |
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|
Name two ways a stepparent come to choir PR for child of their spouse/civil partnership |
• if the natural parent (S) agree on this • by court order |
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|
When does PR cease? |
• if another person/couple adopt a child, the natural mother/father will not have PR for the child anymore • if a person who has PR dies • PR can Cease when a child turns 18 (if by court order) • if someone has required PR through a CAO the PR will continue for the duration of the CAO (S12 CA 1989) |
|
|
|
What three orders can be made under S8? |
• Child arrangements order • specific issue order • prohibited steps order |
|
|
|
What can a CAO do? |
decide where the child will live and who they will spend their time with/have contact with and what type of contact |
|
|
|
When were CAO’s Introduced? |
April 2014 |
|
|
|
What is the definition of PR? |
“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property “ |
|
|
|
A CAO stating where child will live will remain in force until when ....... |
• went to the courtdischarges it • The child reaches the age of 16 |
Discharge and certain age |
|
|
If two parents have PR and live together (Continuously) for longer than six months, what will happen to the CAO? |
CAO will cease to have effect |
|
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|
If a CAO States that a child is living with someone who is not a parent/guardian, the court has the power to do what? |
Extend the CAO until the child reaches 18 |
|
|
|
What is ‘defined contact’? |
Amount and time The child spends with any persons |
|
|
|
If there are any questions in relation to the protection of the child, what can court do? |
Attach conditions to an order. For example, supervise contact only or child only to have contact in child contact centres |
|
|
|
Children and adoption act 2006 introduced what powers? |
Powers to resolve contact disputes. These were introduced in order to help resolve contact disputes where one parent will not cooperate with the orders of the court. |
Resolution for contact disputes, uncooperative |
|
|
What are the 4 powers of the children and adoption act 2006 |
• directing a party to undertake a ‘contact activity’ • Power to attach A contact activity condition to the CAO • court can award financial compensation for one party to the other for losses if one person has failed to stick to the order • if one person breaches the order, court can impose an unpaid work requirement. Maximum: 200 hours and unpaid work must be local. This is an ‘Enforcement order’ |
Contact activity, activity CAO, Financial compensation, unpaid work/enforce order |
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|
Give examples of “contact activity “ |
• classes • guidance sessions • counselling |
|
|
|
What does a prohibited steps order do? |
Stop a party from doing things outlined in an order without the permission of the court |
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|
Give two examples of what a PSO could state the party cannot do without court permission |
• taking child abroad • prevents child from having contact with someone they should not have contact with (i.e - maybe unsafe) |
|
|
|
What does PR include for a person with PR. Give examples? |
• decisions on education • religion • healthcare • diet • providing shelter • clothes • choosing a name |
Important decisions of different aspects of a Childs life including choosing a name |
|
|
What order can a specific issue order go hand in hand with? |
CAO |
|
|
|
Who has to be involved in an application for an S I O and what should the application be about? |
All those who have PR for the relevant child and it should only be about a specific issue where parties can come to an agreement i.e - which school the child should attend, new surname etc. |
PR. Certain issues. |
|
|
What does CAP 2014 stand for? |
Child arrangements programme |
|
|
|
What is the objective of CAP? |
Set out supportive, clear process for private law cases. Emphasises parties to try and deal with matters outside of court. For example, mediation or using parenting plans. |
Support. Mediation. |
|
|
Who can apply for an S8 order and under which section? |
Under S 10 (4) CA 1989 The following people may apply: – • any parent or guardian • any person with PR for the child • any person named in the CAO as the person whom the child is to live with |
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|
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Who can apply for CAO under S10 (5) CA 1989? |
• A step parent/civil partner to hearing the child is a child of the family • anyone whom the child has lived with for three years (doesn’t need to be continuous but must have begun more than five years before or ended more than three months before making the application) • CAO regulate arrangements relating to the child should live with and anyone who has the consent of each of the persons name in the order • if the child is in care of the LA any person who has consent of the LA • any person who has the permission of all of those with PR for the child • any relative or foster parent with who the child has been living for at least one year preceding the application (only if they are applying for a CAO specifying who the child should live with) |
Stepparent/CP, family child Three years (five years before three months before) Consent of persons CAO Consent of PR Relative/Foster |
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If anyone else wants to apply for an order (not relevant persons), what must they do? |
Obtain permission from court |
|
|
|
A person obtained permission (leave of the court) to make an application for an order, what do the court need to have regard to under s10(9) CA 1989? |
• nature of the proposed application • applicant connection with the child • any risk of the proposed application disrupting the Childs life to the extent that they may be harmed by the disruption |
Nature, connection, disruption/risk |
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|
Before making A private children law application, a person must attend a MIAM under which section of CFA 2014? |
S10 |
|
|
|
Who can be exempt from attending an MIAM |
Domestic violence involved or if mediation is considered inappropriate |
|
|
|
If people have PR for a child and cannot agree on a decision, what do they need to seek? |
Specific issue order |
|
|
|
As a general, should an s8 CA 1989 Application be made whilst other proceedings are ongoing? |
Yes so that all matters can be sorted at the same time |
|
|
|
In a freestanding application, what must the applicant file for S8 order? |
• form C 100 (with sufficient copies) |
|
|
|
When should form C2 and form C1A be used? |
• C2 form= should be used if family proceedings already exist or if the applicant is applying for permission to commence proceedings for S8 order •C1A= if the applicant alleges that the child has suffered or is at risk of suffering harm |
Existing or permission Has suffered or risk |
|
|
Once an application for S8 order has been lodged with the family Court, what will they do? |
Allocated to the appropriate level of George and it will be listed for a FHDRA to take place within five weeks following the ISSUE of the application but, no later than six weeks of the application. |
FHDRA, Five weeks, six weeks. |
|
|
What does FHDRA Stand for? |
First hearing dispute resolution appointment |
|
|
|
Under the CAP, when should the court issued the application for S8 order? |
On the day of receipt and within 24 hours of issue, court should send the A and the R A copy of the application form C 100 ( and C1A if provided), notice of hearing on form C6, acknowledgement form on the C7, blank form C1A and information leaflets |
24 hours. Court to send A and R what? |
|
|
Can the applicant serve the R with the application themselves/arrange this instead of court? |
Yes |
|
|
|
If an applicant decides to serve the papers on the R, What do they need to send to court? |
A statement of service (see nine form) stating the date, time of posting (must be first class) and place, this must be filed at court on or before the FHDRA. |
C9 stating specific details (1st class) |
|
|
Who else it does a notice of application need to go to? |
Other interested parties for examples who the child is currently living with |
|
|
|
Why do the court serve a copy of the C1A (if any) and C6 (acknowledgement form) to CAFCASS within 48 hours of issue? |
To enable CAFCASS to carry out initial safeguarding checks by making enquiries with LA and police Carry out risk identification issues with parties over telephone |
LA, Police Telephone parties - risk |
|
|
Who has automatic PR for a child? |
• all mothers • father if they are married to the mother at the time of birth • father if they are registered on the birth certificate after December 1st 2003 |
|
|
|
How many days (at least) must CAFCASS report its findings to Court before the FHDRA? |
Three days |
|
|
|
Within 10 working days of service of the application, the R must do what? |
File and serve an acknowledgement of service |
AoS |
|
|
Name for ways a father, aqquire PR |
• natural father marrying the Childs mother • entering into a PR agreement (only with mothers consent) • obtaining a court order for PR from court • Obtaining a CAO from court |
|
|
|
Name two ways a stepparent come to choir PR for child of their spouse/civil partnership |
• if the natural parent (S) agree on this • by court order |
|
|
|
When does PR cease? |
• if another person/couple adopt a child, the natural mother/father will not have PR for the child anymore • if a person who has PR dies • PR can Cease when a child turns 18 (if by court order) • if someone has required PR through a CAO the PR will continue for the duration of the CAO (S12 CA 1989) |
|
|
|
What three orders can be made under S8? |
• Child arrangements order • specific issue order • prohibited steps order |
|
|
|
What can a CAO do? |
decide where the child will live and who they will spend their time with/have contact with and what type of contact |
|
|
|
When were CAO’s Introduced? |
April 2014 |
|
|
|
What is the definition of PR? |
“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property “ |
|
|
|
A CAO stating where child will live will remain in force until when ....... |
• went to the courtdischarges it • The child reaches the age of 16 |
Discharge and certain age |
|
|
If two parents have PR and live together (Continuously) for longer than six months, what will happen to the CAO? |
CAO will cease to have effect |
|
|
|
If a CAO States that a child is living with someone who is not a parent/guardian, the court has the power to do what? |
Extend the CAO until the child reaches 18 |
|
|
|
What is ‘defined contact’? |
Amount and time The child spends with any persons |
|
|
|
If there are any questions in relation to the protection of the child, what can court do? |
Attach conditions to an order. For example, supervise contact only or child only to have contact in child contact centres |
|
|
|
Children and adoption act 2006 introduced what powers? |
Powers to resolve contact disputes. These were introduced in order to help resolve contact disputes where one parent will not cooperate with the orders of the court. |
Resolution for contact disputes, uncooperative |
|
|
What are the 4 powers of the children and adoption act 2006 |
• directing a party to undertake a ‘contact activity’ • Power to attach A contact activity condition to the CAO • court can award financial compensation for one party to the other for losses if one person has failed to stick to the order • if one person breaches the order, court can impose an unpaid work requirement. Maximum: 200 hours and unpaid work must be local. This is an ‘Enforcement order’ |
Contact activity, activity CAO, Financial compensation, unpaid work/enforce order |
|
|
Give examples of “contact activity “ |
• classes • guidance sessions • counselling |
|
|
|
What does a prohibited steps order do? |
Stop a party from doing things outlined in an order without the permission of the court |
|
|
|
Give two examples of what a PSO could state the party cannot do without court permission |
• taking child abroad • prevents child from having contact with someone they should not have contact with (i.e - maybe unsafe) |
|
|
|
What does PR include for a person with PR. Give examples? |
• decisions on education • religion • healthcare • diet • providing shelter • clothes • choosing a name |
Important decisions of different aspects of a Childs life including choosing a name |
|
|
What order can a specific issue order go hand in hand with? |
CAO |
|
|
|
Who has to be involved in an application for an S I O and what should the application be about? |
All those who have PR for the relevant child and it should only be about a specific issue where parties can come to an agreement i.e - which school the child should attend, new surname etc. |
PR. Certain issues. |
|
|
What does CAP 2014 stand for? |
Child arrangements programme |
|
|
|
What is the objective of CAP? |
Set out supportive, clear process for private law cases. Emphasises parties to try and deal with matters outside of court. For example, mediation or using parenting plans. |
Support. Mediation. |
|
|
Who can apply for an S8 order and under which section? |
Under S 10 (4) CA 1989 The following people may apply: – • any parent or guardian • any person with PR for the child • any person named in the CAO as the person whom the child is to live with |
|
|
|
Who can apply for CAO under S10 (5) CA 1989? |
• A step parent/civil partner to hearing the child is a child of the family • anyone whom the child has lived with for three years (doesn’t need to be continuous but must have begun more than five years before or ended more than three months before making the application) • CAO regulate arrangements relating to the child should live with and anyone who has the consent of each of the persons name in the order • if the child is in care of the LA any person who has consent of the LA • any person who has the permission of all of those with PR for the child • any relative or foster parent with who the child has been living for at least one year preceding the application (only if they are applying for a CAO specifying who the child should live with) |
Stepparent/CP, family child Three years (five years before three months before) Consent of persons CAO Consent of PR Relative/Foster |
|
|
If anyone else wants to apply for an order (not relevant persons), what must they do? |
Obtain permission from court |
|
|
|
A person obtained permission (leave of the court) to make an application for an order, what do the court need to have regard to under s10(9) CA 1989? |
• nature of the proposed application • applicant connection with the child • any risk of the proposed application disrupting the Childs life to the extent that they may be harmed by the disruption |
Nature, connection, disruption/risk |
|
|
Before making A private children law application, a person must attend a MIAM under which section of CFA 2014? |
S10 |
|
|
|
Who can be exempt from attending an MIAM |
Domestic violence involved or if mediation is considered inappropriate |
|
|
|
If people have PR for a child and cannot agree on a decision, what do they need to seek? |
Specific issue order |
|
|
|
As a general, should an s8 CA 1989 Application be made whilst other proceedings are ongoing? |
Yes so that all matters can be sorted at the same time |
|
|
|
In a freestanding application, what must the applicant file for S8 order? |
• form C 100 (with sufficient copies) |
|
|
|
When should form C2 and form C1A be used? |
• C2 form= should be used if family proceedings already exist or if the applicant is applying for permission to commence proceedings for S8 order •C1A= if the applicant alleges that the child has suffered or is at risk of suffering harm |
Existing or permission Has suffered or risk |
|
|
Once an application for S8 order has been lodged with the family Court, what will they do? |
Allocated to the appropriate level of George and it will be listed for a FHDRA to take place within five weeks following the ISSUE of the application but, no later than six weeks of the application. |
FHDRA, Five weeks, six weeks. |
|
|
What does FHDRA Stand for? |
First hearing dispute resolution appointment |
|
|
|
Under the CAP, when should the court issued the application for S8 order? |
On the day of receipt and within 24 hours of issue, court should send the A and the R A copy of the application form C 100 ( and C1A if provided), notice of hearing on form C6, acknowledgement form on the C7, blank form C1A and information leaflets |
24 hours. Court to send A and R what? |
|
|
Can the applicant serve the R with the application themselves/arrange this instead of court? |
Yes |
|
|
|
If an applicant decides to serve the papers on the R, What do they need to send to court? |
A statement of service (see nine form) stating the date, time of posting (must be first class) and place, this must be filed at court on or before the FHDRA. |
C9 stating specific details (1st class) |
|
|
Who else it does a notice of application need to go to? |
Other interested parties for examples who the child is currently living with |
|
|
|
Why do the court serve a copy of the C1A (if any) and C6 (acknowledgement form) to CAFCASS within 48 hours of issue? |
To enable CAFCASS to carry out initial safeguarding checks by making enquiries with LA and police Carry out risk identification issues with parties over telephone |
LA, Police Telephone parties - risk |
|
|
Who has automatic PR for a child? |
• all mothers • father if they are married to the mother at the time of birth • father if they are registered on the birth certificate after December 1st 2003 |
|
|
|
How many days (at least) must CAFCASS report its findings to Court before the FHDRA? |
Three days |
|
|
|
Within 10 working days of service of the application, the R must do what? |
File and serve an acknowledgement of service |
AoS |
|
|
Name for ways a father, aqquire PR |
• natural father marrying the Childs mother • entering into a PR agreement (only with mothers consent) • obtaining a court order for PR from court • Obtaining a CAO from court |
|
|
|
Name two ways a stepparent come to choir PR for child of their spouse/civil partnership |
• if the natural parent (S) agree on this • by court order |
|
|
|
When does PR cease? |
• if another person/couple adopt a child, the natural mother/father will not have PR for the child anymore • if a person who has PR dies • PR can Cease when a child turns 18 (if by court order) • if someone has required PR through a CAO the PR will continue for the duration of the CAO (S12 CA 1989) |
|
|
|
What three orders can be made under S8? |
• Child arrangements order • specific issue order • prohibited steps order |
|
|
|
What can a CAO do? |
decide where the child will live and who they will spend their time with/have contact with and what type of contact |
|
|
|
When were CAO’s Introduced? |
April 2014 |
|
