Child Arrangement Disputes & Court Orders
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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 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?

  • 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)?

  • 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?

<p>Both B and C. (D)</p> Signup and view all the answers

In which of the following situations would the 'no order' principle not apply?

<p>The court determines that making an order would offer better protection to the child than making no order. (A)</p> Signup and view all the answers

Under what circumstances can the presumption of parental involvement be rebutted?

<p>If there is evidence that the involvement of one parent would be detrimental to the child's welfare. (A)</p> Signup and view all the answers

A court has made a child arrangements order (CAO). What must the court do according to s.11I?

<p>Attach a notice warning the parties of the consequences for non-compliance with the CAO. (B)</p> Signup and view all the answers

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?

<p>The No Delay Principle. (E)</p> Signup and view all the answers

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?

<p>If the LA determines that intervention, including the child's removal, is necessary despite the supervision order. (B)</p> Signup and view all the answers

In assessing whether a child has suffered significant harm, what benchmark does the court use according to s.31(10)?

<p>Comparing the child's health and development with what is reasonably expected of a similar child. (B)</p> Signup and view all the answers

What is the primary objective test used to evaluate if parental care falls below a reasonable standard, as it relates to threshold criteria?

<p>Evaluating if a reasonable parent would provide such care to meet the specific needs of that particular child. (D)</p> Signup and view all the answers

Before making a care or supervision order, what must the court consider regarding the local authority's plans?

<p>The court must consider the care plan drafted by the LA at the outset of proceedings, outlining plans for the child should the order be made. (D)</p> Signup and view all the answers

When a court is considering an application for a care or supervision order, what alternative options must it also consider?

<p>Orders available under <em>s.8</em> of the Children Act, which address specific issues related to the child's upbringing. (C)</p> Signup and view all the answers

In determining the most appropriate order for a child's welfare, what principle guides the court's decision-making process?

<p>The court must assess the degree of risk and apply the least draconian order that will adequately protect the child. (A)</p> Signup and view all the answers

Under what circumstances are interim orders typically used by the court?

<p>In cases where proceedings have been adjourned or where the LA has been directed to investigate a child's circumstances under <em>s.37</em>. (A)</p> Signup and view all the answers

What is the role of a care guardian (CG) in proceedings involving a child, and how does the local authority (LA) interact with them?

<p>The CG represents the child's interests in court as the child is considered 'a person under a disability' in legal terms, and the LA must consult with the CG. (D)</p> Signup and view all the answers

In a 'needs-based' divorce case, how are pre-acquired assets typically considered when dividing capital?

<p>They are factored into the matrimonial pot and distributed if necessary to satisfy the needs of both parties. (C)</p> Signup and view all the answers

How does a new partner's income typically affect spousal maintenance calculations?

<p>It may reduce the needs of the party cohabiting with the new partner, potentially decreasing spousal maintenance. (C)</p> Signup and view all the answers

In financial settlements following divorce, what primary consideration is typically given to the children and their primary carer?

<p>Providing the primary carer and children with a suitable home. (D)</p> Signup and view all the answers

How might a financially dominant party's new family affect the determination of financial needs in a divorce settlement?

<p>It may increase the financially dominant party's needs, influencing the settlement. (C)</p> Signup and view all the answers

What is the general approach of the courts regarding the standard of living after a marriage breakdown?

<p>To maintain equality of the standard of living and share any drop that parties may suffer equally. (B)</p> Signup and view all the answers

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?

<p>It may be compensated by adjusting spousal maintenance or capital distribution. (D)</p> Signup and view all the answers

When assessing financial needs during a divorce, what role does the standard of living during the marriage play?

<p>It is a primary factor, especially in longer marriages, influencing the determination of reasonable needs. (A)</p> Signup and view all the answers

What is the likely outcome if liabilities are large compared to the total assets of the divorcing parties?

<p>The court must consider the liabilities when dividing the existing assets. (B)</p> Signup and view all the answers

Which of the following factors is LEAST likely to be considered by the court when determining a costs order in family proceedings?

<p>The transferring spouse's favorite color. (B)</p> Signup and view all the answers

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?

<p>Spouse B can apply to the court, requesting the court to execute the necessary documents on behalf of Spouse A. (D)</p> Signup and view all the answers

Under what circumstances might a paying party successfully apply to vary a spousal periodical payments order downwards?

<p>The paying party has lost their job or suffered a significant drop in salary. (D)</p> Signup and view all the answers

A party receiving spousal maintenance seeks to increase the amount and extend the term of the order. Which scenario would BEST support their application?

<p>The receiving party's level of support is no longer adequate to meet their needs, and the paying party's salary has significantly increased. (B)</p> Signup and view all the answers

In high-net-worth divorce cases, what principle does the court primarily aim to achieve when making financial orders, according to White v White?

<p>A fair outcome after assessing the factors outlined in s.25 of the Matrimonial Causes Act 1973, tested against the yardstick of equality. (A)</p> Signup and view all the answers

According to Miller v Miller and McFarlane v McFarlane, how is modern marriage viewed in the context of financial settlements upon divorce?

<p>As a 'partnership of equals' where each party is entitled to an equal share of the assets unless there is a good reason to the contrary . (A)</p> Signup and view all the answers

Which of the following is the LEAST likely to be categorized as non-matrimonial property in divorce proceedings?

<p>Assets acquired jointly during the marriage through the efforts of both spouses. (C)</p> Signup and view all the answers

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?

<p>Attachment of Earnings Order (C)</p> Signup and view all the answers

In the context of financial settlements during divorce proceedings, what is a primary disadvantage of pursuing a 'capital clean break'?

<p>The family home might need to be sold, potentially delaying the final settlement until the sale is complete. (D)</p> Signup and view all the answers

According to the principle established in White v White, how should a court approach a proposed financial order in divorce proceedings?

<p>The court must test the proposed order against the yardstick of equality. (A)</p> Signup and view all the answers

In what scenario might a court deviate from the principle of equality when dividing assets in a divorce case?

<p>When one party is the primary caregiver for the children and has greater needs. (D)</p> Signup and view all the answers

How are periodical payments (spousal maintenance) treated for income tax purposes in the hands of the recipient?

<p>They are tax-free. (C)</p> Signup and view all the answers

For Capital Gains Tax (CGT) purposes, how are transfers of property between married couples or civil partners treated?

<p>They are on a 'no gain, no loss' basis, meaning CGT does not apply. (B)</p> Signup and view all the answers

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?

<p>If the remaining spouse has continuously occupied the home as their only or main residence. (D)</p> Signup and view all the answers

How does spousal maintenance impact a person's entitlement to welfare benefits, specifically Universal Credit?

<p>Spousal maintenance is deducted from a person's Universal Credit entitlement on a pound for pound basis. (B)</p> Signup and view all the answers

When constructing a financial package for a divorcing client, what primary consideration should a legal professional keep in mind regarding welfare benefits?

<p>To ensure the financial package does not jeopardize the client's benefits and take them below subsistence level. (C)</p> Signup and view all the answers

Which of the following scenarios would most appropriately warrant applying for a Non-Molestation Order under s.42 FLA 1996?

<p>An individual consistently sends threatening messages to their former spouse. (B)</p> Signup and view all the answers

Under the Family Law Act 1996, which of the following best describes 'molestation' in the context of a Non-Molestation Order?

<p>Deliberate acts of violence, threats of violence, harassment, pestering, and intimidation. (A)</p> Signup and view all the answers

In which scenario would an Occupation Order be most appropriately sought under sections 33-38 of the FLA 1996?

<p>A victim of domestic abuse who is entitled to occupy the family home seeks to exclude the abuser from the property. (A)</p> Signup and view all the answers

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?

<p>They are cohabitants or former cohabitants. (D)</p> Signup and view all the answers

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?

<p>The respondent's current spouse's stepchild. (A)</p> Signup and view all the answers

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?

<p>Yes, because they share parental responsibility for a child. (D)</p> Signup and view all the answers

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?

<p>No, because the agreement ended more than three years before the application. (D)</p> Signup and view all the answers

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?

<p>A Non-Molestation Order, to prohibit further abuse. (A)</p> Signup and view all the answers

Flashcards

CAO (Child Arrangement Order)

A court order about where a child should live or who they should see.

SIO (Specific Issue Order)

An order resolving single issue disputes regarding a child, like schooling.

Prohibited Steps Order (PSO)

An order preventing actions like changing a child's surname or taking them abroad.

Welfare Principle

The child's welfare is the priority consideration for the court.

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No Delay Principle

Any delay in court decisions may harm the child’s welfare.

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No Order Principle

No court order should be made unless it benefits the child more than not making it.

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Presumption of Parental Involvement

The court assumes both parents’ involvement supports the child's welfare.

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Evidence for Rebuttal

Evidence showing parental involvement could harm the child can negate the presumption.

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Duty of Local Authority (LA)

LA must keep children with family if possible; removal is last resort.

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Supervision Order Duration

Typically made for 1 year, can extend to 3 years.

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LA's Role in Supervision Order

LA advises, assists, and befriends the child under the order.

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Threshold Criteria for Removal

Child must suffer significant harm; parental care is below a reasonable standard.

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Significant Harm Definition

Harm is significant if it affects the child's health or development.

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Court's Threshold Test

Court examines past, present, and future harm risks before an order.

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Interim Orders

Temporary measures that last until case conclusion, used during investigations.

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Care Guardian's Role

Appointed to represent the child's interests during proceedings.

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Matrimonial Assets

Assets acquired during marriage that are subject to division in case of divorce.

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Non-Matrimonial Assets

Assets acquired before marriage or inherited that typically aren't divided in divorce.

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Needs-Based Distribution

Fair distribution of assets based on the financial needs of both parties post-divorce.

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Earning Capacity

Potential future income of a party, considering childcare and work interruptions.

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New Partner's Income

Income of a party's new partner can reduce financial obligations in spousal maintenance.

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Financial Needs Assessment

Evaluating income versus outgoings to determine living standards post-divorce.

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Standard of Living

The quality of life maintained during the marriage, critical in asset division.

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Children's Home Needs

Primary carer and children’s housing needs prioritized during asset division.

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Capital Clean Break

A financial settlement where the family home may need to be sold, deferring payments until the sale.

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Income Clean Break

A settlement approach that usually isn't appropriate due to dependency on spousal payments.

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Yardstick of Equality

A measure by which proposed financial settlements must be tested for fairness in divorce cases.

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Taxation on Separation

Married and divorced individuals are taxed separately, with specific tax allowances for each.

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Inheritance Tax

Tax on the value of a deceased person's estate, deemed as a transfer of value at death.

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Capital Gains Tax (CGT)

Tax applied to profits from the sale of assets, with specific exemptions for married couples.

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Child Maintenance and Benefits

Child maintenance is excluded from universal credit calculations, while spousal maintenance affects it dollar for dollar.

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Financial Package Evaluation

Ensuring financial settlements do not jeopardize client's benefits or leave them below survival level.

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Open Offer to Settle

Any proposal made by a party to resolve a dispute without further litigation.

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Financial Orders

Court commands regarding monetary payments between parties in legal disputes.

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Periodical Payments Order

A court order for regular payments from one spouse to another after divorce.

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Charging Orders

Court orders securing a debt on a property to ensure payment.

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Warrants of Execution

Court orders allowing bailiffs to seize property for unpaid debts.

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Variation of Orders

The process of changing existing court orders to reflect new circumstances.

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Non-Matrimonial Property

Assets acquired before marriage or by inheritance, not subject to division.

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Equality in Financial Settlements

The principle that married partners should share assets equally unless justified otherwise.

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Civil partners

Partners who are legally recognized as joined in a civil partnership.

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Non-molestation order

A court order to prohibit one person from molesting another, especially in cases of domestic abuse.

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s.42 FLA 1996

Legal section allowing court to issue a non-molestation order against a respondent.

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Molestation

The act of intentionally causing harassment or intimidation, often involving violence.

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Occupation order

A court order regarding who can live in a family home, often excluding a respondent.

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s.33-38 FLA 1996

Legal sections regulating home occupation and respondent's access in family settings.

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Associated applicants

Individuals who can apply for orders based on personal relationships, like marriage or cohabitation.

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Cohabitants

Two people living together as if they are a couple, without being married.

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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.
  • 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)

  • 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.

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