ABSTRACT

This Briefcase is made up of a very wide selection of cases chosen so as to enunciate and illustrate some of the fundamental principles applied by the courts to contemporary problems of family law.

The basic facts of the cases and the courts decisions are outlined, and particular attention is given to judicial comments on the essence of the legal questions under discussion. Special emphasis is placed on recent decisions of the Court of Appeal and House of Lords. Attention has been paid to the implications of the recent announcement that the Family Law Act 1996 has been placed on hold, with the exception of the important Part IV of the Act, relating to domestic violence.  Full reference tables of cases and statutes are given.

Presentation of the text is designed specifically for students involved in preparation for law degrees and other law-related courses, and for social workers whose daily activities necessitate an understanding of the impact of the decisions of the courts on fundamental social problems related to the family.

part 1|1 pages

Part 1 Marriage and Nullity Legal Capacity to Marry and Formalities

part 7|1 pages

Part 4 Financial Provision and Property Disputes Financial Provision on Breakdown of Marriage

chapter 7|4 pages

3 Periodical payments

chapter 7|9 pages

5 Lump sum orders

chapter 7|2 pages

8A note on the ‘Duxbury calculation’

chapter 9|2 pages

The Child Support Act 1991

chapter 9|1 pages

2 Injunctions and revocation of orders

chapter 9|5 pages

3 Deductions from earnings

chapter 10|11 pages

Interests in the Matrimonial Home

chapter 12|3 pages

Orders Under s 8 Children Act 1989

chapter 12|2 pages

4 The ‘non-intervention principle’

chapter 12|11 pages

6 Restriction power concerning applications

chapter 14|13 pages

Care and Supervision Orders

chapter 15|15 pages

The Guardian Ad Litem; and Wardship

ad litem

chapter 15|3 pages

3 Inherent jurisdiction of the High Court

chapter 16|15 pages

Adoption

chapter 16|3 pages

5 Adoption contact register

chapter 17|10 pages

Child Abduction

chapter 17|6 pages

6 The child’s wishes and interests