Podcast
Questions and Answers
A father wants to enroll his child in a private school, but the mother disagrees and prefers the local public school. They have a child arrangements order (CAO) in place that outlines general living arrangements but doesn't specify educational decisions. What type of order would be most appropriate for resolving this dispute?
A father wants to enroll his child in a private school, but the mother disagrees and prefers the local public school. They have a child arrangements order (CAO) in place that outlines general living arrangements but doesn't specify educational decisions. What type of order would be most appropriate for resolving this dispute?
- A child arrangements order (CAO) to modify the existing living arrangements.
- A general direction from the court, offering non-binding advice to the parents.
- A prohibited steps order (PSO) to prevent the father from enrolling the child in private school.
- A specific issue order (SIO) to determine which school the child should attend. (correct)
In which scenario would a court be least likely to approve a change of a child's surname?
In which scenario would a court be least likely to approve a change of a child's surname?
- Changing the surname is necessary to protect the child from potential harm or harassment from the other parent.
- The child expresses a strong desire to align their surname with their primary caregiver to promote a sense of identity and belonging.
- The primary reason for seeking the change is to match the child's surname with that of the parent with whom they live. (correct)
- The other parent has been absent and uninvolved in the child's life for a prolonged period, with no reasonable prospect of their return.
What is the primary consideration for the court when determining whether to make a specific issue order (SIO) or a prohibited steps order (PSO)?
What is the primary consideration for the court when determining whether to make a specific issue order (SIO) or a prohibited steps order (PSO)?
- The financial resources of each parent.
- The welfare of the child. (correct)
- The wishes of the parents.
- The convenience of the court schedule.
A mother plans to take her child on holiday to a country to which the father objects, claiming it's unsafe. There is no 'lives with' order in place. What legal action could the father take?
A mother plans to take her child on holiday to a country to which the father objects, claiming it's unsafe. There is no 'lives with' order in place. What legal action could the father take?
In which of the following situations would the 'no order' principle not apply?
In which of the following situations would the 'no order' principle not apply?
Under what circumstances can the presumption of parental involvement be rebutted?
Under what circumstances can the presumption of parental involvement be rebutted?
A court has made a child arrangements order (CAO). What must the court do according to s.11I?
A court has made a child arrangements order (CAO). What must the court do according to s.11I?
Which principle directs the court to consider that any delay in resolving a question about a child's upbringing is likely to negatively impact the child's well-being?
Which principle directs the court to consider that any delay in resolving a question about a child's upbringing is likely to negatively impact the child's well-being?
A local authority (LA) is seeking a supervision order for a child. Under what circumstances, as per the guidelines, is the LA obligated to initiate care order proceedings?
A local authority (LA) is seeking a supervision order for a child. Under what circumstances, as per the guidelines, is the LA obligated to initiate care order proceedings?
In assessing whether a child has suffered significant harm, what benchmark does the court use according to s.31(10)?
In assessing whether a child has suffered significant harm, what benchmark does the court use according to s.31(10)?
What is the primary objective test used to evaluate if parental care falls below a reasonable standard, as it relates to threshold criteria?
What is the primary objective test used to evaluate if parental care falls below a reasonable standard, as it relates to threshold criteria?
Before making a care or supervision order, what must the court consider regarding the local authority's plans?
Before making a care or supervision order, what must the court consider regarding the local authority's plans?
When a court is considering an application for a care or supervision order, what alternative options must it also consider?
When a court is considering an application for a care or supervision order, what alternative options must it also consider?
In determining the most appropriate order for a child's welfare, what principle guides the court's decision-making process?
In determining the most appropriate order for a child's welfare, what principle guides the court's decision-making process?
Under what circumstances are interim orders typically used by the court?
Under what circumstances are interim orders typically used by the court?
What is the role of a care guardian (CG) in proceedings involving a child, and how does the local authority (LA) interact with them?
What is the role of a care guardian (CG) in proceedings involving a child, and how does the local authority (LA) interact with them?
In a 'needs-based' divorce case, how are pre-acquired assets typically considered when dividing capital?
In a 'needs-based' divorce case, how are pre-acquired assets typically considered when dividing capital?
How does a new partner's income typically affect spousal maintenance calculations?
How does a new partner's income typically affect spousal maintenance calculations?
In financial settlements following divorce, what primary consideration is typically given to the children and their primary carer?
In financial settlements following divorce, what primary consideration is typically given to the children and their primary carer?
How might a financially dominant party's new family affect the determination of financial needs in a divorce settlement?
How might a financially dominant party's new family affect the determination of financial needs in a divorce settlement?
What is the general approach of the courts regarding the standard of living after a marriage breakdown?
What is the general approach of the courts regarding the standard of living after a marriage breakdown?
How is a disparity in future earning potential, resulting from one parent giving up work to focus on childcare, typically addressed in a divorce settlement?
How is a disparity in future earning potential, resulting from one parent giving up work to focus on childcare, typically addressed in a divorce settlement?
When assessing financial needs during a divorce, what role does the standard of living during the marriage play?
When assessing financial needs during a divorce, what role does the standard of living during the marriage play?
What is the likely outcome if liabilities are large compared to the total assets of the divorcing parties?
What is the likely outcome if liabilities are large compared to the total assets of the divorcing parties?
Which of the following factors is LEAST likely to be considered by the court when determining a costs order in family proceedings?
Which of the following factors is LEAST likely to be considered by the court when determining a costs order in family proceedings?
A property adjustment order mandates the transfer of property from Spouse A to Spouse B. Spouse A fails to execute the transfer documents. What legal recourse is available to Spouse B?
A property adjustment order mandates the transfer of property from Spouse A to Spouse B. Spouse A fails to execute the transfer documents. What legal recourse is available to Spouse B?
Under what circumstances might a paying party successfully apply to vary a spousal periodical payments order downwards?
Under what circumstances might a paying party successfully apply to vary a spousal periodical payments order downwards?
A party receiving spousal maintenance seeks to increase the amount and extend the term of the order. Which scenario would BEST support their application?
A party receiving spousal maintenance seeks to increase the amount and extend the term of the order. Which scenario would BEST support their application?
In high-net-worth divorce cases, what principle does the court primarily aim to achieve when making financial orders, according to White v White?
In high-net-worth divorce cases, what principle does the court primarily aim to achieve when making financial orders, according to White v White?
According to Miller v Miller and McFarlane v McFarlane, how is modern marriage viewed in the context of financial settlements upon divorce?
According to Miller v Miller and McFarlane v McFarlane, how is modern marriage viewed in the context of financial settlements upon divorce?
Which of the following is the LEAST likely to be categorized as non-matrimonial property in divorce proceedings?
Which of the following is the LEAST likely to be categorized as non-matrimonial property in divorce proceedings?
Which enforcement method allows a court to instruct an employer to deduct payments directly from a spouse's wages to satisfy a periodical payments order?
Which enforcement method allows a court to instruct an employer to deduct payments directly from a spouse's wages to satisfy a periodical payments order?
In the context of financial settlements during divorce proceedings, what is a primary disadvantage of pursuing a 'capital clean break'?
In the context of financial settlements during divorce proceedings, what is a primary disadvantage of pursuing a 'capital clean break'?
According to the principle established in White v White, how should a court approach a proposed financial order in divorce proceedings?
According to the principle established in White v White, how should a court approach a proposed financial order in divorce proceedings?
In what scenario might a court deviate from the principle of equality when dividing assets in a divorce case?
In what scenario might a court deviate from the principle of equality when dividing assets in a divorce case?
How are periodical payments (spousal maintenance) treated for income tax purposes in the hands of the recipient?
How are periodical payments (spousal maintenance) treated for income tax purposes in the hands of the recipient?
For Capital Gains Tax (CGT) purposes, how are transfers of property between married couples or civil partners treated?
For Capital Gains Tax (CGT) purposes, how are transfers of property between married couples or civil partners treated?
Under what condition might a transferring spouse still avoid paying Capital Gains Tax (CGT) upon transferring their interest in the family/marital home to the remaining spouse after having left the home more than 9 months prior?
Under what condition might a transferring spouse still avoid paying Capital Gains Tax (CGT) upon transferring their interest in the family/marital home to the remaining spouse after having left the home more than 9 months prior?
How does spousal maintenance impact a person's entitlement to welfare benefits, specifically Universal Credit?
How does spousal maintenance impact a person's entitlement to welfare benefits, specifically Universal Credit?
When constructing a financial package for a divorcing client, what primary consideration should a legal professional keep in mind regarding welfare benefits?
When constructing a financial package for a divorcing client, what primary consideration should a legal professional keep in mind regarding welfare benefits?
Which of the following scenarios would most appropriately warrant applying for a Non-Molestation Order under s.42 FLA 1996?
Which of the following scenarios would most appropriately warrant applying for a Non-Molestation Order under s.42 FLA 1996?
Under the Family Law Act 1996, which of the following best describes 'molestation' in the context of a Non-Molestation Order?
Under the Family Law Act 1996, which of the following best describes 'molestation' in the context of a Non-Molestation Order?
In which scenario would an Occupation Order be most appropriately sought under sections 33-38 of the FLA 1996?
In which scenario would an Occupation Order be most appropriately sought under sections 33-38 of the FLA 1996?
According to s.62(3) FLA 1996, which relationship qualifies two individuals as 'associated persons' for the purpose of applying for a Non-Molestation Order or Occupation Order?
According to s.62(3) FLA 1996, which relationship qualifies two individuals as 'associated persons' for the purpose of applying for a Non-Molestation Order or Occupation Order?
Under s.63(1) of the FLA 1996, which of the following relationships would qualify an individual as a 'relative' for the purpose of an application for a Non-Molestation Order or Occupation Order?
Under s.63(1) of the FLA 1996, which of the following relationships would qualify an individual as a 'relative' for the purpose of an application for a Non-Molestation Order or Occupation Order?
A woman applies for a Non-Molestation Order against her former partner, claiming harassment and intimidation. They ended their intimate relationship four years ago. They never lived together, but they share parental responsibility for their child. Is she eligible to apply for the order?
A woman applies for a Non-Molestation Order against her former partner, claiming harassment and intimidation. They ended their intimate relationship four years ago. They never lived together, but they share parental responsibility for their child. Is she eligible to apply for the order?
A man and woman agreed to enter into a civil partnership but ended the agreement five years ago. Can either of them apply for a Non-Molestation Order against the other, assuming no other grounds for association exist?
A man and woman agreed to enter into a civil partnership but ended the agreement five years ago. Can either of them apply for a Non-Molestation Order against the other, assuming no other grounds for association exist?
A victim is experiencing repeated verbal abuse and threats from a former cohabitant. They are not seeking to exclude the abuser from their home, but want the abuse to stop. Which court order is the most appropriate first step?
A victim is experiencing repeated verbal abuse and threats from a former cohabitant. They are not seeking to exclude the abuser from their home, but want the abuse to stop. Which court order is the most appropriate first step?
Flashcards
CAO (Child Arrangement Order)
CAO (Child Arrangement Order)
A court order about where a child should live or who they should see.
SIO (Specific Issue Order)
SIO (Specific Issue Order)
An order resolving single issue disputes regarding a child, like schooling.
Prohibited Steps Order (PSO)
Prohibited Steps Order (PSO)
An order preventing actions like changing a child's surname or taking them abroad.
Welfare Principle
Welfare Principle
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No Delay Principle
No Delay Principle
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No Order Principle
No Order Principle
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Presumption of Parental Involvement
Presumption of Parental Involvement
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Evidence for Rebuttal
Evidence for Rebuttal
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Duty of Local Authority (LA)
Duty of Local Authority (LA)
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Supervision Order Duration
Supervision Order Duration
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LA's Role in Supervision Order
LA's Role in Supervision Order
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Threshold Criteria for Removal
Threshold Criteria for Removal
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Significant Harm Definition
Significant Harm Definition
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Court's Threshold Test
Court's Threshold Test
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Interim Orders
Interim Orders
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Care Guardian's Role
Care Guardian's Role
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Matrimonial Assets
Matrimonial Assets
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Non-Matrimonial Assets
Non-Matrimonial Assets
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Needs-Based Distribution
Needs-Based Distribution
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Earning Capacity
Earning Capacity
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New Partner's Income
New Partner's Income
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Financial Needs Assessment
Financial Needs Assessment
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Standard of Living
Standard of Living
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Children's Home Needs
Children's Home Needs
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Capital Clean Break
Capital Clean Break
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Income Clean Break
Income Clean Break
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Yardstick of Equality
Yardstick of Equality
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Taxation on Separation
Taxation on Separation
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Inheritance Tax
Inheritance Tax
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Capital Gains Tax (CGT)
Capital Gains Tax (CGT)
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Child Maintenance and Benefits
Child Maintenance and Benefits
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Financial Package Evaluation
Financial Package Evaluation
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Open Offer to Settle
Open Offer to Settle
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Financial Orders
Financial Orders
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Periodical Payments Order
Periodical Payments Order
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Charging Orders
Charging Orders
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Warrants of Execution
Warrants of Execution
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Variation of Orders
Variation of Orders
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Non-Matrimonial Property
Non-Matrimonial Property
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Equality in Financial Settlements
Equality in Financial Settlements
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Civil partners
Civil partners
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Non-molestation order
Non-molestation order
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s.42 FLA 1996
s.42 FLA 1996
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Molestation
Molestation
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Occupation order
Occupation order
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s.33-38 FLA 1996
s.33-38 FLA 1996
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Associated applicants
Associated applicants
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Cohabitants
Cohabitants
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Study Notes
Divorce and Dissolution Procedure
-
Divorce Procedure:
- Length of Marriage: Parties must be married for at least one year to initiate divorce proceedings.
- Jurisdiction: The English court has jurisdiction if both parties are habitually resident or domiciled in England/Wales, if one party is domiciled in England/Wales, or if the respondent is habitually resident in England/Wales, or if the applicant has been habitually resident in England/Wales for one year before applying.
- Grounds for divorce: Irretrievable breakdown of the marriage; prior rules requiring five facts are no longer needed.
- Procedure:
- Before commencing proceedings: Sole applicant should notify the respondent before application submission to foster a cooperative relationship.
- Application documents: Include completed court forms, statement of irretrievable breakdown, court fee.
- Financial Dispute Resolution Appointment (FDRA): First appointment may be treated as financial dispute resolution; enables parties to reach an agreement.
- Service of documents: Once issued, court documents must be served on the other party.
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Stage 1 - Conditional Order:
- The court issues a conditional order after the application is received.
- Confirmation from applicant required to continue application from applicant.
- Process takes approximately 20 weeks.
-
Stage 2 - Final Order:
- Follows conditional order by 6 weeks.
- Concludes divorce proceedings.
-
Civil Partnership Dissolution Procedure:
- Length of Civil Partnership: Parties must have been civil partners for at least one year to apply.
- Jurisdiction: Follows same criteria as divorce jurisdiction.
- Grounds for Dissolution: Irretrievable breakdown.
- Procedure:
- Follows same procedure as divorce process with the necessary modifications.
Types of Dispute Resolution
- Arbitration:
- Parties appoint an arbitrator to make a binding decision.
- Best suited for complex financial cases needing swift resolution.
- Mediation:
- An impartial mediator helps couples resolve disputes involving children and finances.
- Best suited for cases involving children and/or financial disputes.
- Not suitable for domestic abuse.
- Solicitor Negotiations:
- Solicitors negotiate offers on behalf of clients.
- Best fit: any disputes or cases.
- Collaborative Law:
- Parties and lawyers (solicitors) cooperate to reach a settlement.
- Best suited: most cases.
- Not appropriate for situations with domestic violence or a lack of trust.
Children Act 1989 and Orders
- Parental Responsibility (PR):
- Mothers automatically have PR.
- Fathers have automatic PR if married to the mother at birth.
- Fathers can acquire PR via agreement, court order, or marriage.
- Child Arrangement Orders (CAO):
- Orders governing the child's residence and contact with parents.
- Specific Issue Orders (SIO):
- Court orders that address particular issues regarding the child (eg. names, contact).
- Relocation of the Child:
- Restrictions on relocation of children to areas outside the UK without consent/court order.
- Domestic Abuse:
- Court will consider domestic abuse, and any risk to the child.
- Welfare Principle: The paramount consideration of the court is the child's welfare, and orders only made when in the child's best interests.
Public Law Orders (Children)
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Care Orders: The local authority takes full care of the child.
-
Supervision Orders: The child's welfare is supervised under the guidance of local authority.
-
Orders requirements:
- Threshold criteria must be met.
- Child's care plan must be outlined by the local authority.
Financial Orders
- s.25 factors:
- Ages of the parties
- Current living location.
- Marital home/outstanding mortgage.
- Children's ages.
- Work history of each parent (domestic vs career)
- Any pensions.
- Other assets – eg. cars, investment.
- Agreements between partners (in dispute/agreed)
- Financial Resources:
- A court will asses the ability of each party to meet their respective needs.
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Description
Explore scenarios involving parental disputes over child arrangements, specific issue orders, prohibited steps orders, and surname changes. Understand the factors courts consider when resolving conflicts and making decisions in the best interests of the child.