Family Law

Question 1

What is maintenance

Answer 1

A financial support paid by a person for the benefit of a dependent child/children or spouse/civil partner

Question 2

Under the Family Law (Maintenance of spouses an children) Act 1976, is a relationship breaks down, maintenance must be paid to who

Answer 2

Dependent spouse/civil partner

Parent with custody of children

Question 3

Who are children who are considered dependent

Answer 3

Under 18
Under 23 in full time education
Disabled

Question 4

How is amount paid in maintenance decided

Answer 4

Agree between parents/partners

If no agreement is made, district court will outline maintenance to be paid depending on individual case

Question 5

What does Family Home Protection Act 1976 protect

Answer 5

Family home from being sold, mortgaged, leased or transferred without both civil partners/spouses consent, regardless of who owns the home

If withhold of consent is unreasonable, court can dismiss this

Question 6

What is domestic violence

Answer 6

Any form of physical, sexual or psychological violence that puts the safety or welfare of a person at risk

Question 7

Who does the Domestic Violence Act 1996 protect

Answer 7

People living in domestic relationships eg spouses, civil partner, cohabiting couples, parents, children, housemates

Question 8

What is a safety order

Answer 8

A warning
Prevents alleged offender from commuting further violence or threats against applicant and dependents

They are not required to leave the family home

Question 9

What is a barring order

Answer 9

Alleged offender must leave the family home for a specific amount of time outlines by the court

They are prohibited from watching or being near the applicants home

Question 10

What is a protection order

Answer 10

Temporary safety order

While applicant waits for district court to hear their case

Question 11

What happens when safety order or barring order is breached

Answer 11

Garda can arrest and is a criminal offence sentenable by prison

Question 12

Three orders that could be given to applicant of domestic violence

Answer 12

Safety order
Barring order
Protection order

Question 13

Who enforces the Childcare Act 1991

Answer 13

Garda Síochána and the Child and Family Agency (Tulsa)

Question 14

When do Tulsa have the power to intervene

Answer 14

If they fear for child’s safety eg risk of abuse, inadequate care

When they apply to courts for care order or supervision order

Question 15

What is a care order

Answer 15

Removal of child from family home into care

Question 16

Two types of care order

Answer 16

Emergency care order (max of 8 days)

Standard care order (may last until 18years old)

Question 17

What is supervision order

Answer 17

Tulsa staff viist a child in their home periodically to monitor health and welfare for a max of 12 months

Question 18

What is a will

Answer 18

A witnessed document that sets out in writing the deceased wishes for his or her estate after death

Question 19

Who is person making will

Answer 19

Testator

Question 20

Who is person making sure wishes from will are carried out

Answer 20

Executor

Question 21

Who are people receiving inheritance

Answer 21

Beneficiaries

Question 22

Why is making a will important (advantages of making a will)

Answer 22

Ensures wishes of testator carried out - peace of mind, avoids conflict
Ensures executor is appointed
Guardians or trustees are there for children
Raise testators awareness of capital acquisition tax

Question 23

Inheritance tax cut off point

Answer 23

Up to €335,000 tax free

Question 24

Inheritance tax % after cut off limit

Answer 24

33%

Question 25

Act for when someone dies and doesn’t make a will

Answer 25

Succession act 1963

Question 26

No children are alive, spouse is, how much do they recivee

Answer 26

All

Question 27

Both spouses and children alive. How is it split

Answer 27

2/3 spouse

1/3 kids

Question 28

Only kids alive

Answer 28

All to kids

Question 29

No living kids or spouse. Where does estate go

Answer 29

Parents
If they’re dead siblings
If they’re dead next of blood family

Question 30

Procedure for making will

Answer 30

Employ solicitor (legal advisements, aware of tax)
List all assets
Appoint an executor (min 2)
List beneficiaries (addresses, names, contact)
Divide estate (with remembrance of tax)
Outline funeral arrangements
Validate will (sign by testator and two witnesses who are not beneficiaries)
Store in safe place
Review if needed eg divorce

Question 31

Law for maintenance

Answer 31

Family Law (Maintenance of spouses and children) Act 1976

Question 32

Law for home protection

Answer 32

Family Home Protection Act 1976

Question 33

Law for domestic violence

Answer 33

Domestic Violence Act 1996

Question 34

Law for protection of children

Answer 34

Childcare Act 1991 - Links with Children First Act 2015