Family Law: Defining the Family, Human Rights and Legal Aid

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Where is the definition of family given?
Fitzpatrick v Sterling
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Is there equal treatment in the family?
Same-sex couples still not allowed in civil partnerships
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A case example on same-sex couples?
Wilkinson v Kitzinger
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What act does family law have to be compatible with?
The Human Rights Act 1998
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What Article is particularly relevant to family law?
Article 8: right to respect for private and family life
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When is the law allowed to interfere with Article 8?
When it is necessary, proportionate and in accordance with the law.g. public safety/national security interests
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What is 'family life'?
There has to be a relationship between the parties
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What are the problems with 'family life'?
It is difficult to define because attitudes are always shifting, new concepts: IVF, same-sex marriage
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What are some problems with legal aid?
There is limited funding, not enough money, less need for family lawyers
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Who is eligible for legal aid?
Domestic violence, when a child is involved in proceedings, protecting children, mediation, forced marriage, exceptional circumstances
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What act defines domestic violence?
LAPSO 2012
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What are some factors within domestic violence?
It now takes into account controlling and cohersive behaviour, updating with times
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Why has legal funding been cut so drastically?
Demand too high, not enough money, the courts have taken the approach that parties should sort their own issues out: divorce is their own problem
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Other cards in this set

Card 2

Front

Is there equal treatment in the family?

Back

Same-sex couples still not allowed in civil partnerships

Card 3

Front

A case example on same-sex couples?

Back

Preview of the front of card 3

Card 4

Front

What act does family law have to be compatible with?

Back

Preview of the front of card 4

Card 5

Front

What Article is particularly relevant to family law?

Back

Preview of the front of card 5
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