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Family Law > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

Types of relationships

A

Married
Parents
Civil partnerships
Co-habiting relationships

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2
Q

Types of court or legal personnel

A 
Solicitor 
Chartered legal executive 
Mediator
Family courts
High Court
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3
Q

What is the act which withdrew legal aid

A

Legal aid, sentencing and punishment of offenders Act 2012 (effective 2013

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4
Q

What is CAFCASS

A

Children and Family Court Advisory Support Service

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5
Q

Which body must you make an application to, to change gender

A

Gender Recognition Panel

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6
Q

What does the social security and Child Support Tribunal deal with

A

Welfare benefits and Child Support

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7
Q

What are the 9 frequent Acts in family Law

A
  • Marriage Act 1949-1994
  • Matrimonial Causes Act 1973
  • Children and Family Act 2014
  • Civil Partnerships Act 2004
  • Crime And Courts Act 2013
  • Marriage same sex couples Act 2013
  • Children Act 1989
  • Gender Recognition Act 2004
  • Civil Partnerships, Marriage and Deaths Act 2019
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8
Q

What is ECHR

A

European Convention Human Rights 1951

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9
Q

What Section of ECHR states the law must be as compatible as much as possible

A

S3

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10
Q

What does S4 ECHR govern

A

If the law is unable to be completely compatible under S3 then the high court or appeal court may apply for a declaration of incompatiblity

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11
Q

What section of HRA states all public authorities must comply with ECHR

A

S6 human rights act

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12
Q

ECHR articals and their meanings

A

Art 6- right to fair public hearing civil rights

Art 8- right to respect family and private life

Art 12- right to marry and found family

Art 14- right to enjoy ECHR without discrimination

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13
Q

How can Art 14 be claimed- case example

A

Art 14 can be claimed if another breach is found in another Art. I.e Ghadian v Godin-Mendoza, breach of Art 8 also found

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14
Q

Example case showing breach Art 14

A

Goodwin v Uk breach as weren’t able to marry as transgender as a woman (were male) - ECHR (court) found breach of Art 8 &12 in turn breach of Art 14

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15
Q

What are the requirements for a GRC under Gender Recognition Act?

A

Must provide medical certificate for gender dysphoria, prove they have lived as required gender for 2 years, then a new birth certificate will be provided.

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16
Q

Which case lead the civil partnerships, marriages and death act to be established, and why?

A

Secretary of State for international development 2018- Ss1 & 3 CPA 2004 was in breach of Art 14 and Art 8.

Family Law (7 decks)

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