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700 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)

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

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

Give two names known as the person who starts proceedings / applications

Petitioner / Applicant

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


Respondent

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)

The Family Court hears all family proceedings in....

England & Wales

International cases involving applications for relief under ....

Hague Convention



Brussels II Revised

Rhymes with Plague


&


Brussel Sprouts

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

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

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

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

Are all Judges and Magistrates members of the same Court and sit as ‘Judged of the Family Court’ ?

Yes

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

What is the name of the Act that governs Civil Partnerships between same-sex couples?

The Civil Partnership Act 2004


(CPA 2004)

Name the act dealing with DV and crime

The Domestic Violence, Crime & Victims Act (2004)


DVCVA 2004

Some applications must be accompanied by evidence in the form of _ _ _ _ _ _ _ _ _ & _ _ _ _ _ - _ _ _ _ _ _ _ _ _

Affidavit


Sworn statement

Name the act dealing with children

Children Act 1989

What does TLATA stand for?

Trusts of Land and Appointment of Trustees Act 1996

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

Name the rule that governs divorce procedures including ancillary matters such as finance, children and DV

Family Procedure Rules 2010


(FPR 2010)

Whats another name for a ‘without notice’ Application?

Ex parte

What are the two types of notices that can be made?

On notice


Without notice

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

Applicant forms can vary depending on the ........


Most forms are however....

Subject-matter


Pre-printed and standard in nature

Purpose


Printer

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

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.

‘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

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

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.




DV


Vital Evidence


Mistakes/Amendments

If the Respondent breaches an order (Without Notice Applications) what can the consequences include?

Arrested


Imprisonment

MCA 1973 governs....

Law of Divorce

Three letters

What is the ground for Divorce and where is it found?

The marriage has broken down irretrievably


S1(1) MCA 1973

Where are the facts to prove the ground for Divorce found and how many are there?

S1(2) MCA 1973


Five facts

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)

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

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

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 ..

What is the ground for Divorce and where is it found?

The marriage has broken down irretrievably


S1(1) MCA 1973

Where are the facts to prove the ground for Divorce found and how many are there?

S1(2) MCA 1973


Five facts

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)

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

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 ..

Can Fact A be used to dissolve a Civil Partnership?

No

What is the ground for Divorce and where is it found?

The marriage has broken down irretrievably


S1(1) MCA 1973

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 ..

Can Fact A be used to dissolve a Civil Partnership?

No

Can an Applicant rely on his own adultery for Divorce ?

No

What is the ground for Divorce and where is it found?

The marriage has broken down irretrievably


S1(1) MCA 1973

Where are the facts to prove the ground for Divorce found and how many are there?

S1(2) MCA 1973


Five facts

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)

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

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 ..

Can Fact A be used to dissolve a Civil Partnership?

No

‘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

Who formulated a test for Fact B?

Dunn J

Fact B (Divorce) name the relevant case

Livingstone - Stallard v Livingstone - Stallard (1974)

L S

What year is the case for Livingstone - Stallard?

1974

What is the test from Livingstone-Stallard case also known as?

‘Right-thinking person approach’

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

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

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

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

What is Fact C (Divorce)? And where is it found

Desertion for a continuous period of two years


S1 (2) (C)

What must Respondent do to prove fact C (Divorce)?

Intend to cease cohabitation permanently

What is Fact D and where is it found?

Separation for 2 years with Respondent’s consent


S1 (2) (D)

Give two examples of why a person may physically separate from their spouse

Working abroad


Looking after sick relative

The Respondent can withdraw their consent at any point before _________ ______

Decree Nisin

What does the separation need to be? (Form)

Physical


Mental

Give the most popular and second most popular facts used for Divorce

Fact B - Behaviour/Intolerability


Fact D - 2 years separation

What is found under S3 (1) MCA 1973?

Matrimonial and CP proceedings cannot be commenced within the first year of marriage

First year..

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

What is the name of the unusual case where one party defended the Fact B Application?

Owens v Owens (2016)

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

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

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

If someone has lost the original copy of their marriage certificate, where can they obtain another copy?

The Register Office

What is the name of the Divorce Petition/Application Form?

Form D8

What does ‘domicile’ mean?

Refers to where a person is born or choses to live as their permanent home

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

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

What is Form D6?

Statement with regard to reconciliation

Reconciliation

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

What does DWP stand for?

Department for Work and Pensions

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

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

How many Divorce Centres are there in England & Wales?

11

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

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 ..

Can Fact A be used to dissolve a Civil Partnership?

No

Can an Applicant rely on his own adultery for Divorce ?

No

‘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

What is fact B (Divorce)

Behaviour (unreasonable) and would a reasonable person be expected to live w this person

Where can you find Fact B?

S1 (2)(B)MCA 1973

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)

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

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

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

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

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

What does the Respondent need to do once they receive the papers?

Complete the AoS and return it to Court

What papers do the Court send to the Respondent?

Sealed copy of the Application (stamped with official Court stamp)


And


AoS

What papers do the Court send to the Respondent?

Sealed copy of the Application (stamped with official Court stamp)


And


AoS

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

What papers do the Court send to the Respondent?

Sealed copy of the Application (stamped with official Court stamp)


And


AoS

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

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

What papers do the Court send to the Respondent?

Sealed copy of the Application (stamped with official Court stamp)


And


AoS

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

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

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

Can an Applicant serve the papers to the Respondent themselves?

No

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?

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

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

Give an example of ‘Deemed Service’

Respondent indirectly admitting he has received the papers in a letter/email

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)

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

Give an example of an extra question on a Fact A Divorce (adultery) on an AoS

Do they admit the adultery

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?

Give an example of an extra question on Fact D Divorce (Separation 2 years) on an AoS?

Do they consent to the Divorce

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

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

How many days does R have to return AoS?

Seven days

Does a copy of the AoS get sent to the A once R has signed and returned?

Yes

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

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

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


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

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

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

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

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

Give an example of what an order under s40 could include?

Either party to pay the rent/contribute towards the mortgage

Is it easy to make a ‘without notice’ occupation order (S45 FLA 1996)

No it is not easy. The court will need persuading

Give an example of what an order under s40 could include?

Either party to pay the rent/contribute towards the mortgage

Is it easy to make a ‘without notice’ occupation order (S45 FLA 1996)

No it is not easy. The court will need persuading

If court makes a ‘without notice’ occupation order, what must court do?

Arrange a full hearing ASAP so that R can make representations on noticeif they wish

Give an example of what an order under s40 could include?

Either party to pay the rent/contribute towards the mortgage

Is it easy to make a ‘without notice’ occupation order (S45 FLA 1996)

No it is not easy. The court will need persuading

If court makes a ‘without notice’ occupation order, what must court do?

Arrange a full hearing ASAP so that R can make representations on noticeif they wish

What provision is under S47 FLA 1996?

Power of arrest

If someone breaches a non-mol order what are the consequences?

They can be arrested or imprisoned

If someone breaches a non-mol order what are the consequences?

They can be arrested or imprisoned

What can be attached to an occupation order (regarding arrest)

Power of arrest

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

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

If R breaches the order (when there is no power of arrestattached), what happens?

The process of arresting the R will be slower and harder as a warrant must be obtained from court first

The application for a non-mol and occupation order is called what? And what needs to support it?

FL401


Witness statement by the A

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)

What documents need to be sent to the court applying for a non mol/application order?

• Form FL401


• Statement in support

What documents need to be sent to the court applying for a non mol/application order?

• Form FL401


• Statement in support

Is there a fee payable with a non-mol/occupation order?

No

Once the FL401 form and statement in support have been issued at the court what happens next?

Court will issue a hearing date

Once the FL401 form and statement in support have been issued at the court what happens next?

Court will issue a hearing date

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)

Once the FL401 form and statement in support have been issued at the court what happens next?

Court will issue a hearing date

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)

The R must be given how many days notice of the hearing? (For non-mol/occupation)

Two clear days

Once the FL401 form and statement in support have been issued at the court what happens next?

Court will issue a hearing date

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)

The R must be given how many days notice of the hearing? (For non-mol/occupation)

Two clear days

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

If an order is made for non-mol/occupation,what form will it be on?

Form FL404

If an order is made for non-mol/occupation,what form will it be on?

Form FL404

There are certain provisions concerning notification to.......and.......of hearings and orders (R:E-Occupation orders)

Landlords and mortgagees

Home owners/ people payed

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

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

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

What is the starting point of the law in the children act 1989?

That The welfare of the children is paramount consideration

Paramount

What is the starting point of the law in the children act 1989?

That The welfare of the children is paramount consideration

Paramount

Disputes between parents and carers about children is described as what part of children law?

Private

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

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...

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...

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

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...

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

Name of the four principles under CA 1989

welfare principle


no delay


no order


presumption of parental involvement

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...

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

Name of the four principles under CA 1989

welfare principle


no delay


no order


presumption of parental involvement

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

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

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)

What happened in the case of Re G (children) (2006)

House of lords awarded residence to the biologicalmother 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 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)

What happened in the case of Re G (children) (2006)

House of lords awarded residence to the biologicalmother 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

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)

What happened in the case of Re G (children) (2006)

House of lords awarded residence to the biologicalmother 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

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 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)

What happened in the case of Re G (children) (2006)

House of lords awarded residence to the biologicalmother 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

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?

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)

What happened in the case of Re G (children) (2006)

House of lords awarded residence to the biologicalmother 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

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