Family Law Flashcards
What is maintenance
A financial support paid by a person for the benefit of a dependent child/children or spouse/civil partner
Under the Family Law (Maintenance of spouses an children) Act 1976, is a relationship breaks down, maintenance must be paid to who
Dependent spouse/civil partner
Parent with custody of children
Who are children who are considered dependent
Under 18
Under 23 in full time education
Disabled
How is amount paid in maintenance decided
Agree between parents/partners
If no agreement is made, district court will outline maintenance to be paid depending on individual case
What does Family Home Protection Act 1976 protect
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
What is domestic violence
Any form of physical, sexual or psychological violence that puts the safety or welfare of a person at risk
Who does the Domestic Violence Act 1996 protect
People living in domestic relationships eg spouses, civil partner, cohabiting couples, parents, children, housemates
What is a safety order
A warning
Prevents alleged offender from commuting further violence or threats against applicant and dependents
They are not required to leave the family home
What is a barring order
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
What is a protection order
Temporary safety order
While applicant waits for district court to hear their case
What happens when safety order or barring order is breached
Garda can arrest and is a criminal offence sentenable by prison
Three orders that could be given to applicant of domestic violence
Safety order
Barring order
Protection order
Who enforces the Childcare Act 1991
Garda Síochána and the Child and Family Agency (Tulsa)
When do Tulsa have the power to intervene
If they fear for child’s safety eg risk of abuse, inadequate care
When they apply to courts for care order or supervision order
What is a care order
Removal of child from family home into care
Two types of care order
Emergency care order (max of 8 days)
Standard care order (may last until 18years old)
What is supervision order
Tulsa staff viist a child in their home periodically to monitor health and welfare for a max of 12 months
What is a will
A witnessed document that sets out in writing the deceased wishes for his or her estate after death
Who is person making will
Testator
Who is person making sure wishes from will are carried out
Executor
Who are people receiving inheritance
Beneficiaries
Why is making a will important (advantages of making a will)
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
Inheritance tax cut off point
Up to €335,000 tax free
Inheritance tax % after cut off limit
33%
Act for when someone dies and doesn’t make a will
Succession act 1963
No children are alive, spouse is, how much do they recivee
All
Both spouses and children alive. How is it split
2/3 spouse
1/3 kids
Only kids alive
All to kids
No living kids or spouse. Where does estate go
Parents
If they’re dead siblings
If they’re dead next of blood family
Procedure for making will
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
Law for maintenance
Family Law (Maintenance of spouses and children) Act 1976
Law for home protection
Family Home Protection Act 1976
Law for domestic violence
Domestic Violence Act 1996
Law for protection of children
Childcare Act 1991 - Links with Children First Act 2015
