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University Degree: Family Law
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So what happens when the parent with the residence order objects to allowing the absent parent contact with the child? Within divorce proceedings mothers who bring up problems related to domestic violence within that context are often construed as 'implacably hostile'. Judges have held this as acting against the child's best interests of maintaining contact with the father. The concept of implacable hostility has altered over time. Smart et al (1997) commented that the term was historically seen as a principle given to mothers who objected to contact.
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Advise Keith on the basis that: (a) Keith and Janet are married and Janet has instituted divorce proceedings; (b) Keith and Janet are not married. Firstly, on the basis that Janet and Keith are married, both parents will have parental responsibility if they were married at the time of the birth. In the Children Act 1989 s.3 (1) parental responsibility is: "...all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property." Thus, because actions such as changing a child's name and removing the child from the UK require the consent of all persons with parental responsibility, Keith may be able to stop Janet from taking these actions.
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and Co-operative Insurance v Argyll Stores (Holdings) Ltd. (1997) An Interlocutory injunction is an injunction intended to preserve the rights of one party to litigation until the formal hearing of the matter. An interlocutory injunction is taken out to stop something but only temporarily. Factors, which will be taken into account before this injunction is taken out, are: * Strength of the plaintiff's case * Irreparable harm suffered if injunction is not granted * Balance of convenience; look at the burdens and the conveniences. One example of what I have found is American Cyanamid Co v Ethicon Ltd (1975)
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The number of gay organizations in US increased from 50 in 1969 to 800 in 1973 (Chapman 12). "No civilization has ever called the homosexual relationship a marriage because, indeed, it is not marriage. Although customs have differed, all cultures and major religions throughout the ages defined and honored marriage as the union of the two sexes to form families. Same-sex marriage is a natural extension of changes that have been happening in marriage since 1850," (Price 1). Advocates of same-sex marriage made no efforts before the 1990's. A few couples brought suits, but courts rejected their constitutional claims (Colin 314).
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Articles 24 ? 26 MCO 1978, decree financial orders, for example interim orders. More so Article 27 introduces, firstly, consideration of the welfare of any relevant child, however this is not paramount, secondly to have regard to all circumstances of the case and thirdly to consider the possibility of a clean break, being that of an immediate clean break or fixed term periodic payments. Despite advancing the law through the removal of the minimum loss principle, this signalled an even more unpredictable discretionary system as it was not replaced by an alternative overriding objective.
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The Bill will have to be passed by the House of Commons and the House of Lords. it has to undergo several stages. First reading; the Bill is read out, with no debate. Second reading; The Bill is to be explained by a Minister. Here there will be public attention; press, campaigns etc for the Bill to go further the majority of MPs must be in favour. Committee stages; a committee examines and amends. Report stage; the Bills is reviewed in the House where it started, debate, acceptance or rejection. Third reading; Final vote, this is a formality as it is very unlikely to be dismissed at this stage.
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The area of homelessness is governed by Part 7 of the Housing Act 1996, the states that the Local Authority has the responsibility to provide accommodation to a person if they believe that they are homeless unintentionally. For a person to be considered as homeless, they would either have to have no accommodation available to them or it would be unreasonable for them to live in there accommodation. The act under section 177 goes on to say that it would not be ?reasonable? for a person to continue to occupy the accommodation if it would lead to ?domestic violence against him?.
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A contract however, is a promise that the law will enforce. It can be defined as an exchange of promises between two parties, in order to perform or refrain from actions - an agreement which is enforceable by a court of law (Beatty, 2007 p. 214). According to legal scholar Sir John William Salmond, a contract is "an agreement creating and defining the obligations between two or more parties" (Finn Track Higher and Further Education, 2007). A marriage is similar to a contract in that it is recognised by the state and damages should be paid as a result of any breach.
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The report in question?s main focus, recommends a new statutory scheme designed specifically for cohabitants on separation that would apply only to cohabitants who have had children together or lived together for a specified number of years provided they satisfy the eligibility criteria. In doing so, the scheme would also address particular economic consequences of the contributions made by the parties during the relationship. The report appreciates with statistical evidence, the increase in the number of cohabiting couples, together with the number of public acceptances towards the idea of cohabitation.
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