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Family Law


Question: Consider critically and analytically the extent to which the law and social policy in England and Wales serves to address and promote the needs of disabled children.

Answer: There is little doubt that disabled children represent some of the most vulnerable members of our society and as a distinct and...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 75%
  • Words: 5520
  • Date submitted: January 23, 2009
  • Date written: April, 2000
  • References: Yes
  • Document type: Essay*
  • Essay ID: 269

Question: Section 1(4) Children Act 1989 provides that the court may make a range of orders subject to the provisions of Section 1 in a range of proceedings. Describe all the types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed.

Answer: The types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed are...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 73%
  • Words: 667
  • Date submitted: January 23, 2009
  • Date written: June, 2000
  • References: No
  • Document type: Essay*
  • Essay ID: 262

Question: In English, Scottish and Northern Irish Law what is comprised in the term, the welfare principle in their respective civil family jurisdictions. (5 Marks)

Answer: Section 1 (1) of the Children Act 1989 sets out general principles about how decisions should be made within court proceedings. When...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 73%
  • Words: 763
  • Date submitted: January 23, 2009
  • Date written: January, 2003
  • References: No
  • Document type: Essay*
  • Essay ID: 261

Question: Case Study

Vivien and Cyril have five children billy aged 13, the son of Vivien’s first husband and a convicted armed robber, twins Sam and Sue, who are 9 and severely dyslexic, bobby who is 6, who is slow and withdrawn and phoebe, their 13 month old baby. Billy is always getting into trouble and has already had a number of informal cautions from the police. Sam and Sue have been statemented under the Education Acts but little has been done for them in a poor school on a OFSTED Warning List. Bobby has failed to reach his developmental milestones and the Health Visitor who has seen him as well as the baby is so worried about all the family that he has told Social Services that a Child Protection Conference should be convened.

Who should be present at the Conference and what issues arising from the Children Act 1989 should be considered? What are Vivien and Cyril’s ‘rights’ under the Act?

Answer: It would appear that there are a number of complex and significant difficulties evident within the family, ranging from the offending behaviour...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 72%
  • Words: 1770
  • Date submitted: January 23, 2009
  • Date written: August, 1999
  • References: Yes
  • Document type: Essay*
  • Essay ID: 266

Question: Compare and contrast the differing definitions of Parental Responsibility provided in the Children Act 1989 and Children (Scotland) Act 1995.

Answer: Under Section 3 (1) of the Children Act 1989 parental responsibility is defined as all the rights, duties, powers, responsibilities and authority...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 72%
  • Words: 437
  • Date submitted: January 23, 2009
  • Date written: August, 2000
  • References: No
  • Document type: Essay*
  • Essay ID: 264

Question: Discuss critically the concept of significant harm as provided for and defined in Section 31 Children Act 1989.

Answer: The notion of significant harm is central to the legal and statutory child protection system in this country and forms part of...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 537
  • Date submitted: January 23, 2009
  • Date written: January, 1999
  • References: No
  • Document type: Essay*
  • Essay ID: 265

Question: Set out the definitions of child, mother and father provided by English law and how different do you think they are from what the ordinary person on the Clapham Omnibus might think? (4 Marks)

Answer: The Children Act 1989 (Section 105) and the Family Reform Act 1969 define a child as someone under the age of eighteen...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 667
  • Date submitted: January 23, 2009
  • Date written: March, 2006
  • References: No
  • Document type: Essay*
  • Essay ID: 260

Question: To what extent and for what reasons would you agree with Goldstein, Freud and Solnit’s view that:

‘... to acknowledge that some parents, whether biological, adoptive or long-time foster may threaten the well-being of their children is not to suggest that state legislatures, courts, or administrative agencies can always offer such children something better and compensate them for what they have missed in their own home. By its intrusion the State may make a bad situation worse, indeed, it may turn a tolerable or even good situation into a bad one.’ (Before the Best Interests of the Child, 1990)

Answer: The extent to which the state can and should intervene into the workings of the family and particularly the nature of parenting...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 69%
  • Words: 2024
  • Date submitted: January 23, 2009
  • Date written: March, 2002
  • References: Yes
  • Document type: Essay*
  • Essay ID: 267

Question: Consider the legal implications in relation to:
(a) Divorce; and
(b) Financial and property matters on divorce.

Question
Sakina and Raj, now aged 52 and48, met 17 years ago and have been living together. They had two children, Tuscan and Umbria, now aged 15 and 12. However, after Raj discovered that Umbria was not his daughter but George’s instead, he and Sakina split up after 7 years of cohabitation. George was a very wealthy business man. She marries George, who dies a year later.

Sakina inherited George’s estate worth £10 million. Two years ago, she and Raj met again. Raj proposed marriage; Sakina accepted on condition that Raj formally agreed that, were their marriage to end within five years, he would agree to a lump sum of £100000 “full settlement”. Raj was at that time unemployed. He agreed to her condition.

After the marriage they lived together in the house Sakina had inherited. Raj started a business, using Sakina’s capital. She also provided valuable working experience, whist continuing to bring up the children. The business prospered.

A year ago Raj suspected that Sakina was having an affair with Vince. Rather than confront her directly, Raj had her followed by a private detective. She became convinced that she was being stalked by a stranger, suffered a nervous breakdown and is now incapable of looking after the children or assisting with the business.

She admits adultery with Vince, but Raj does not want a divorce. She wishes to divorce Raj and marry Vince.

Answer: (a) Divorce Before the enactment of the Matrimonial Causes Act 1857 no decree of divorce could be obtained but a decree of...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 4279
  • Date submitted: March 02, 2014
  • Date written: November, 2013
  • References: Yes
  • Document type: Essay*
  • Essay ID: 5549

Question: Ruth is a heroin addict and works as a prostitute to pay for her addiction. She has two children, Daniel aged 13, and Ellie aged 2. Ruth has never been married, nor has she ever entered into a parental responsibility agreement with either of the children’s fathers. She does not know who Daniel’s father is. Ellie’s father is also a heroin addict. He has no interest in his daughter................Advise Ruth as to what powers the Local Authority has in terms of protection for the children. Advise as to both the short term and long term options. (You are not required to consider adoption)

Answer: In answering this question, the relevant statute that applies is the Children Act 1989 which deals with the local authorities and their...


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  • Subject: Law
  • Course: Family Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 68%
  • Words: 3996
  • Date submitted: July 07, 2009
  • Date written:
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1810

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