Key Cases

Question 1

Saleh
V
Saleh

Answer 1

S23A of M(S) Act 1977

There was marriage ceremony but no marriage schedule

No schedule = no registration
S23 cannot wave marrayge if no registration

Lord Clyde can save when late registration of a schedule in existence at time of marriage

Question 2

Sohrab
V
Khan

Answer 2

Duress case in which no schedule produced at ceremony

S23A can not save a marriage schedule where not in existence at time of ceremony

Declarator of Nullity granted

Question 3

Mahmood
V
Mahmood

Answer 3

Duress as grounds of nullity

Marriage Void on basis of force or fear following family pressure (threatened to be sent abroad cut off financially)

Subjective test applied, for duress must be more than fear of disapproval

Question 4

McCafferty
V
McCafferty

Answer 4

Exclusion order s4 MH(FP)(S)1981

4 part necessity test

• what is nature or quality of alleged conduct?
• is the court satisfied that the conduct is likely to be repeated if cohabitation continues?
• has conduct been, or if repeated, would be injurious to the physical or mental health of applicants or to any child of the family?
• is order sought necessary for future protection of physical or mental health of applicant or child?

Question 5

Findlay
V
Findlay

Answer 5

Divorce under s1(2)(b)

There must be causal link between the behaviour and the divorce action

Contrast (Ross v Ross) in which behaviour was not sufficient to give rise to divorce under s1(2)(b)

Question 6

Cunniff
V
Cunniff

Answer 6

Financial provision on div

S9 FL(S)Act 1985

It is the duty of the court to apply (a) and also to apply whichever of the other specified principles which are relevant in the light of the facts of the case

Question 7

Gow
V
Grant

Answer 7

Financial prov for cohabs

Fairness is overriding principle

Broad brush approach should be taken to s28

Fairness does not mean equal sharing

Courts have wide discretion

Question 8

Shields
V
Shields

Answer 8

Views of the child

Mother applied for residence order, wanted to move child to Australia initially granted

Judgement overturned partly due to court not accounting for the views of the child

Question 9

White
V
White

Answer 9

Contact orders

General principle that it is conducive to a child’s welfare to maintain personal relations and contact with absent parent

But if not in interests of the child for order to be granted, then application will fail

Question 10

Gillick
V
West Norfolk and Wisbech Area Health Authority

Answer 10

Capacity/medical treatment

Can parents veto their child’s consent to medical or refusal to consent?

Parent right yields to child’s right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind

Age of LC (S) Act 1991 - 16

Question 11

M v M (2008)

Answer 11

Wanted to move child to Spain, purchased home, no job, no school for dyslexic son. Refused

Set out factors 
Reasonableness I’d move abroad **
Motive of parent
Child’s views 
Effect of refusal on welfare of child 
Whether it it better to make an order than no order at all

Question 12

M v M (2012)

Answer 12

Relocation

Dusk burden on person seeking to move child

1. To show relocation would be in best interests of the child
2. To show that would be better for specific issue order to be made then no order at all