PARENTS AND CHILDREN - раздел Образование, MARRIAGE AND CIVIL PARTNERSHIP ...
Who is the mother of a child?
The woman who carries out the day-to-day job of mothering.
The woman whose egg led to the creation of the child.
The woman who gives birth to the child.
The woman a reasonable person would say was the mother.
What is a surrogacy arrangement?
Where a child has been taken into care by the local authority .
Where a child is born using donated sperm.
Where a child is born using a donated egg.
Where a couple ask a woman to carry a child for them.
What is the 'pater est' presumption?
That the genetic father of a child is the legal father.
That the child has no father unless DNA tests are done.
That the husband of a woman who gives birth is the father of the child.
That a man who was sleeping with the mother at the time of conception is the father of the child.
If a woman gives birth following treatment at a licensed clinic using donated sperm, which of the following could not be treated as the father of the child?
The husband of the woman.
The male partner of the woman if they were receiving treatment services together.
The sperm donor.
Which of the following is closest to the statutory definition of parental responsibility?
The rights, duties, powers, responsibilities and authority which by law a parent of a child has.
The legal status of parenthood as understood by the law.
A stamp of approval to demonstrate that the parent is a committed parent in the eyes of the law.
Which of the follow groups of fathers do not automatically get parental responsibility?
Fathers who are married to the mother.
Fathers who have entered parental responsibility agreements.
Fathers who have successfully applied for a parental responsibility order.
Father who pay child support.
Fathers who are registered as fathers on the birth certificate.
If someone who is not a parent of a child needs parental responsibility, what is the most likely way a court will give to them?
Make a parental responsibility agreement.
Make a parental responsibility order in their favour.
Make a specific issue order .
Make a residence order in their favour.
In a case of a surrogacy where the child has been handed over by the surrogate mother to the commissioning couple, what orders can the coupe apply for in order to become parents of the child?
A prohibited steps order or a special guardianship order.
A parental responsibility order or a residence order.
A parental order or an adoption.
There is no such order that can be made.
Over what kind of issues should those with parental responsibility consult?
Over issues where the child has strong views.
Over issues which are fundamental and important.
Over issues which are in the public interest.
Over those which affect the welfare of the child.
Over issues which have financial implications.
Which mothers get parental responsibility automatically?
Women who apply to the court for parental responsibility.
Women who are entered on the birth certificate.
All mothers get parental responsibility automatically.
England and Wales... LECTURE... MARRIAGE AND CIVIL PARTNERSHIP Introduction...
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Marriage. The right to marry
KEY DEFINITION
MARRIAGE is an agreement by which a man and a woman enter into certain legal relationship with each other and which creates and imposes mutual rights and
Gender Recognition Act 2004, section 2(1)
1 ... the [Gender Recognition] Panel must grant the application if satisfied that the applicant -
(a) has or has had gender dysphoria,
(b
Civil Partnership
Reading:In Fitzpatrick v. Sterling Housing Association Ltd [1999] 2 FLR 1027, the question was whether Mr Fitzpatrick who had lived with his male partner in a stable
Answer guidelines
1. The differences are of no practical significance. For example, where there is adultery, the unreasonable behaviour fact can be relied upon.
2. The differences are symbolically impor
Grounds on which a Marriage may be Voidable
Section 12 MCA 1973 provides that a marriage is voidable where:
(a) the marriage has not been consummated owing to the incapacity of either party to consummate it;
(b)
PROBLEM AREA
Inability to consummate after marriage
A popular scenario in a problem question is where one of the parties to the marriage becomes physically unable to consummate the m
VOIDABLE MARRIAGE
-The marriage can only be set aside if there is a court order. Without a court order annulling the marriage, it is a valid one
- Only the parties to the marriage can
SEMINAR 1
REVISION CHECKLIST
What you need to know:
1. The grounds on which a marriage or civil pa
Property Rights of Married Couples
There isno concept of a presumption of joint ownership of property in English law. However, it is possible to acquire a right of ownership by claiming an interest under a
Cohabitation contracts
Reading:
Sutton v. Mischon de Reya [2004] 1 FLR 837
Concerning: enforceability of cohabitation contracts
Facts
Mr Sutton and Mr Sta
Resulting Trust
KEY DEFINITION
A resulting trust (on the basis of law, на основании закона)is presumed to arise when A contributes to the purchase price of a piece of property which is
Constructive Trust
KEY DEFINITION
In order to establish a constructive trust, it is necessary to show:
1. A common intention to share ownership. This is proved by evidence of an express
Proprietary Estoppel
KEY DEFINITION
For in X to be able to establish a proprietary estoppelit must be shown that:
- the owner of the property assured or promised X an interest in the prope
Answer guidelines
In this problem question you will need to start by ascertaining who has the legal title le property, that is, who the registered owner is. In this case, it is Alan. There is no express trust and so
Question 1
The marriage between Michael and Sarah has encountered difficulties, and the couple have decided to part amicably. They are both keen to go their separate ways with no financial responsibilities to
KEY DEFINITION
Separationrequires the parties to live in separate households. Normally this will be in separate houses, but it is possible for them to live separate lives under the same
Bars to divorce
1) Section 3(1), MCA states that it is not possible to petition for a divorce until you have been married for one year.
2) Section 5, MCA provides a bar but this can only
Effects of Divorce
- free to remarry
-financial provision and property adjustment
-an effect on a will (termination)
Recognition of a Foreign Divorce
Reading: The English courts have discretion to refuse recognition of a foreign divorce, whether or not it was obtained in proceedings. Thus, for example, the court may refuse to re
Question 1
Fred and Wilma married 10 years ago, and were initially very happy. However Fred started to go out with his friends every Saturday night, living Wilma at home with their daughter, Pebbles. Fred fre
KEY DEFINITION
Joint will. A single document executed by two or more persons as the will of all of them.
It is prohibited to left joint will in Ukraine.
Mutual
Question 1
Victoria and James met 15 years ago and began to cohabit. They have four children, aged 2, 4, 6 and 8. Shortly after they met, James bought a plot of land for £5,000 and registered the proper
PARENTS AND CHILDREN
1. Who are the parents of the child?
2. The Human Fertilisation and Embryology Act 1990
3. Parental responsibility
1. Who are the parents of the child?
KEY DEFINITION
Under a surrogacy arrangement a couple ('the commissioning couple') ask a woman ('the surrogate mother') to carry a child for them. The agreement is that shortly after bir
Parental responsibility
Children Act 1989, section 3(1)
'In this Act "parental responsibility" means all the rights, duties, powers, responsibilities and authori
PROBLEM AREA
Section 2(7) of the Children Act 1989 appears to suggest that a parent with parental responsibility can act alone and need not consult with anyone else. However, the courts have not interpreted the
Answer guidelines
You will want to discuss the following issues:
- What is parental responsibility? It is far from clear what parental responsibility is and yet that is key if we are to decide who should ge
Question 1
Last year, Rose (a single woman) had a brief affair with Fred, a wealthy married man 20 years older than herself. After Rose had ended the relationship, she discovered that she was pregnant. Fred o
Suggested answer
Here we are asked to advise Rose, the mother of 6-month-old John, born as the result of a brief affair with Fred.
First, Rose’s mind can put at rest to some extend by telling her that as t
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