QUESTIONS
The paper consists of EIGHT questions. Candidates must answer TWO questions from Section A and TWO questions from Section B. All questions carry equal weight.
SECTION A
You must answer TWO questions from SECTION A.
QUESTION 1
To what extent would you agree that “…the fact that a person is a natural parent does not in itself create a presumption in favour of that person… neither does the fact that a child has been living with a party for a significant period of time; each are factors of significance which will be taken into account and given appropriate weight by the court when determining the best interests of a child. Whether any such factor is determinative of a particular case will depend on the unique facts of that case.” (King LJ, Re E-R (A child) [2015] EWCA Civ 405 at [35])
QUESTION 2
“Protective orders taken out against perpetrators are an important tool for keeping victims [of domestic abuse] safe and preventing the continuation and escalation of abuse… There is no single order that is applicable across the criminal, family and civil court jurisdictions. This can lead to confusion for victims and practitioners…”. (HM Government, Transforming the Response to Domestic Abuse: Government Consultation (2018) 34)
Discuss.
QUESTION 3
Alana and Jack divorced two years ago. They have three children: Tamia (age 14 years) and twins Nikhil and Ajay (age 7 years). Since the divorce, the three children have been spending most of their time with Jack as he works from home as an online maths tutor. Alana’s job as a marketing executive for an international law firm means she travels all over the world so her time with the children lacks routine. Also, Alana has a new partner, Carla, and she spends much of her free time with her. Alana has a work trip to Columbia – she wants to take Tamia with her as she feels it will be a good experience for her. Jack has refused because he feels it is a dangerous country. Alana also told Jack that Tamia has asked to live with her and Carla in Carla’s house, which is a two-hour drive away. Jack just wants the three children to remain in his care and for Alana’s contact to be routine. Alana also wants Ajay, who has challenging behaviour, to be referred to hospital for an assessment as she feels Ajay could be autistic. Jack says Ajay’s behaviour is fine when he is with him and Ajay only acts out with Alana because her parenting is so inconsistent.
Advise Jack
QUESTION 4
Myriam (age 30 years) is the aunt of Jez (age 17 years). Jez has a baby, Symon (age 1 year). Jez and Symon have been living in a mother and baby unit where Jez is getting help and support with her parenting. When Jez was 15 years old, Jez’s mother (Myriam’s sister) left the UK to seek a new life. Jez has never known her father. Jez has a close relationship with Myriam, who looked after Jez when her mother left and has given her lots of support over the years. Jez has been struggling with looking after Symon. She thinks she has post-natal depression. Sometimes she leaves the mother and baby unit leaving staff there to look after Symon. Two days ago, she disappeared without telling staff where she was going. She has just returned and seems drunk or on drugs. She tells staff she is leaving with Symon. Jez is told that the Local Authority and social workers have been contacted, and they may start legal action. Jez doesn’t understand what this means.
Advise Jez
END OF SECTION A
SECTION B
You must answer TWO questions from SECTION B.
QUESTION 5
“Currently, many couples face a conflict between how they wish to celebrate their wedding, and how the law requires them to celebrate it.” (Law Commission website, 3 September 2020).
Critically discuss this statement.
QUESTION 6
Will the Divorce, Dissolution and Separation Act 2020 end the “blame game” in relation to divorce and dissolution?
Critically discuss.
QUESTION 7
“For over twenty years, it has been regularly asserted that the law governing the position of cohabitants who separate is unfair and a need for reform has increasingly been identified by lawyers, policy makers and politicians.”
(Pearce, J. F., Douglas, F. G., & Woodward, H. “Cohabitants, Property and the Law: A Study of Injustice” (2009) 72(1) Modern Law Review 24 – 47)
Discuss.
QUESTION 8
Hermione and Ron met at the prestigious School of Witchcraft and Wizardry thirty years ago. They are now both aged 40, have been married for ten years and have two children: Rose, aged 7, and Hugo, aged 5. Both studied Magical Law and qualified as solicitors. However, when Rose was born, Ron decided to give up his job as a solicitor to work part-time in a little shop selling practical joke objects (‘the Weasley & Weasley establishment’). He does not earn much money but has more time to look after the children, who are both very fond of their father. Meanwhile, Hermione’s career has become extremely successful. She works as Head of the Department of Magical Law Enforcement and has a high salary. Everyone is saying that she will certainly become the next Minister for Magic! Two years ago, the couple purchased a four-bedroom house in joint names. The house is worth £600,000 and is mortgage free. They have no savings, but they have a comfortable lifestyle. Sadly, after years of happy life together, Ron has just discovered that Hermione has been having an affair with their best friend Harry. He is absolutely devasted. He wants a divorce but, before initiating a claim, he would like to know what his financial position would be after the divorce. He has told you that he agreed with Hermione that Rose and Hugo would live with him but would stay with Hermione every other weekend.
Advise Ron as to the financial situation in this case (please do not discuss the ground for divorce).
