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Question: “The Children Act 1989, s 17 and the general duty on local authorities to safeguard and promote the welfare of children within their area who are in need (including children with mental and physical disabilities) has been a powerful tool in the children’s rights armoury. But it’s limitations have been shown by cases like R v Bexley London Borough Council, Ex Parte B 3 CCLR March 2000
(decided on 31st July 1995)” Critically assess this observation.

Answer: In a society permeated by child abuse, child pornography, child prostitution and a disregard for the innocence of childhood, it is important to ensure that rights of every child remain a priority....


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Details: - Mark: 61% | Course: Family Law | Year: 2nd/3rd | Words: 4457 | References: Yes | Date written: Not available | Date submitted: July 07, 2009 | Coursework ID: 521

Question: When the case White v White (2000) 2 F.L.R 981, was decided by the House of Lords many academics and legal commentators saw this as marking a revolutionary change in the law relating to matrimonial property and financial provision upon divorce. In the light of subsequent developments can this case still be seen as being revolutionary?

Answer: The ground-breaking case on division of financial assets on divorce is White v White (2000) in which the House of Lords gave a landmark decision and said that in high asset cases...


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Details: - Mark: 60% | Course: Family Law | Year: 2nd/3rd | Words: 2297 | References: Yes | Date written: February, 2007 | Date submitted: February 15, 2010 | Coursework ID: 589

Question: “Few guidelines for the determination of individual cases, the facts of which are never replicated, have stood so long in our family law.”

Assess the accuracy of this claim.

Answer: This was the proposition of Thorpe LJ in the case of Payne v Payne when considering the case law guidance that exists in ‘relocation’ cases where the custodial parent wishes to emigrate...


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Details: - Mark: 60% | Course: Family Law | Year: 1st | Words: 1131 | References: Yes | Date written: Not available | Date submitted: July 07, 2009 | Coursework ID: 519

Question: Discuss the decision by the House of Lords in White v. White and its impact on ancillary relief cases and the effect of ‘duration of marriage’ on this ‘equality’ mechanism.

Answer: With the provisional divorce rate at fourteen divorces per one thousand married couples , ancillary relief proceedings are playing an important role in dealing with financial and property divisions upon marital breakdown....


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Details: - Mark: 60% | Course: Family Law | Year: 2nd/3rd | Words: 1612 | References: Yes | Date written: Not available | Date submitted: July 07, 2009 | Coursework ID: 518

Question: Discuss critically the concept of significant harm as provided for and defined in Section 31 Children Act 1989.(5 Marks)

Answer: The notion of significant harm is central to the legal and statutory child protection system in this country and forms part of the threshold criteria to be reached before the state in...


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Details: - Mark: 60% | Course: Family Law | Year: 2nd/3rd | Words: 600 | References: Yes | Date written: January, 1999 | Date submitted: February 20, 2009 | Coursework ID: 451

Question: Define and assess the legitimacy of the English Doctrine of Cohabitation?

Answer: There is no single definition which covers cohabitation. A couple may choose to live together without a formal marriage but sharing \"all the characteristics of a marital relationship\" or they may simply...


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Details: - Mark: 60% | Course: Family Law | Year: 2nd/3rd | Words: 1188 | References: No | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 376

Question: As the significance of marriage declines in family law there is no longer any justification for excluding cohabitation from full legal recognition. Discuss.

Answer: As the question assumes that the significance of marriage is declining in family law, the first task of this essay will be to establish whether this is factually the situation. This will...


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Details: - Mark: 60% | Course: Family Law | Year: 1st | Words: 2753 | References: Yes | Date written: January, 2004 | Date submitted: October 19, 2008 | Coursework ID: 115


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