Dr Aoife Daly

adaly@liverpool.ac.uk

Today:
General exam advice
Aoife
1. Divorce
2. Arrangements for Children
3. Financial Orders

Helen

-Family Law in Flux

Jamie
-Child Protection
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Marking Criteria- 1st!

All main legal issues identified
ability to identify additional legal issues
Close and sustained engagement with the

question
Excellent knowledge and understanding of
relevant legal principles
Good grasp of policy problems
Analysis/argument;
3

relevant and appropriate primary materials

Evidence of good research from independent

study as well as core materials

incorporation of secondary sources
Clear and convincing structure
Well-substantiated conclusions
Clear and thorough referencing throughout
Very good standard of English
Very good presentation
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Divorce Sample
Question:
Divorce law is in need of reform.

-Discuss

Essay Overview
1.Intro
2.What Law is
3.Case Law
4.Various Commentators for and against

reform
5.Attempt at Reform in 1990s
6.Deeper Analysis
7.Conclusion
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Arrangements for
Children
David and Victoria have separated after fourteen years
of marriage. They have two children, son Brook (aged
14) and daughter Harp (aged 4). David has come to
you for advice about arrangements for the children. He
says that since they split last year, the children have
both been living in the family home with Victoria, but
he wants them to come to live with him in his two
bedroom apartment. Brook wants to come to live with
him, David says, because they both like football. David
says that Victoria claims that Brook is only saying this
because David has been putting pressure on him.

Victoria is also very unhappy that

David is worshipping at the New

Scientist church, as this religion in
her opinion is odd and restrictive,
particularly since members of the
Church are only allowed to mix
socially with other church members.
She worries about the impact this
will have on the children if they live
with their father David.
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David, on the other hand, is very unhappy

that Victorias new boyfriend Ronaldo has

moved into the family home, as he
suspects that Ronaldo drinks heavily. David
thinks this may pose a risk to the children.
He is also very unhappy because Victoria is
claiming that, during a recent argument,
David smashed a glass bottle on the floor
which led to Victoria suffering injury and
getting a cut on her arm. David wonders if
this will affect his position in their dispute
about arrangements for the children.
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David is particularly worried because

Victoria has said that the incident

with the glass bottle and his religious
practices show that David should not
see the children at all. David wants be
able to visit them regularly, at least,
and preferably arrange visits where
the children stay with him overnight.

Advise David.
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Answer Overview
Background info
- welfare principle;
- CFA 2014
Residence/contact and fathers
Welfare Checklist
Other Matters
Conclusion

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Sample Question
Henry and Wendy are divorcing after a five-

year marriage. Henry earns 3 million p/a with

his business. He has investments worth 10
million. They have a child of 4, for whom
Wendy cares full time. She complains he had
an affair and that she has no financial assets.
Advise Wendy.

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Answer Overview
Intro
Discretion;
Types of Orders;
General Principles of the law;
S.25 MCA
Children
Needs;
-White- Fairness;
-Miller-McFarlane: Needs, Comp, Sharing;
McCartney v Mills McCartney [2008]
Conclusion
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