Changing nature of family Flashcards
What is a complex family
Justice Munby- ‘in contemporary Britain the family takes an almost infinite variety of forms’ AKA, living together before marriage, same sex, step parents etc
Dependent vs non dependent children
Dependent- 16 or younger living with a parent or 16-18 in F.T.E, excluding those with a partner/spouse/child in household
ND- 19+ living with parents or 16-18 not in FTE with a partner/child
What is a household
1 person living alone or a group of people cohabiting, sharing facilities
What is the most common type of family circa 2019
Married/CP, 2/3rds
What does r v inhabitants of darlington (1792) define as family
Lord Kenyon CJ-in commmonparlance, the family consists of those who live under the same roof with the pater familias: those who form.. his fireside’ – includes servants
What does Blackwell v bull 1836 define as family
Lord Langdale, ‘it is evident that the word family is capable of so many applications that if any one construction were attributed to it in wills, the intention of the testators would be more frequently defeated than carried into effect. Under different circumstances it means a mans household, consisting of himself, wife, children and servants’
What does Gammans v Ekins 1950 define as family
Asquith LJ ‘To accept a sam sex couple masquerading of husband and wife as members of the family was an abuse if the eng language’
Court of Appeal rejected that a man who had lived 20 years with a female tenant like husband and wife was part of her family.
Everhed MR ‘May be no bad thing that by his decision it is shown that, in the chrisitian society in which we live, one of the privileges which may be derived from marriage is not equally enjoyed by those who are living together as a man and wife but not married’
What does Howes v Evenden 1953 define as family
Howes v Evenden 1953- A non married couple with kids lived in a house together. Mother ruled to be part of fathers family
What are the cases that identify issues with old family definitions
Langdon v Horton 1951/Ross v Collins 1964/ Dyson Holdings Ltd v Fox 1976/Harrogate BC v Simpson 1986
What was the case bring the biggest change to same sex and family
Fitzpatrick v Sterling House association 2000
Which ECHR articles are important to family
Article 8- right to private and family life. Right to respect for his private and family life, home and correspondence. Shall be no public interference by a public authority with the exercise of this right……except in accordance with law….interests in national security etc
Art 14- Prohibition of discrimination
When did the CPA come into force
2004, in practice 2005
What did the CPA change
same sex couples could register a CP
When did the marriage (same sex couples) act come into force
2013
Did the SSMA 2013 make it so heterosexual couples could go into a CP?
No
