Question 1: Seeking Legal Protection from Partner Abuse
1. 1 Explanation of the application of legal facts, and laws of family court for personal protection to Sarah
IRAC method
The IRAC method of Issue, Application, Rule, and Conclusion helps to explain the legal facts and the personal protection to Sarah, which is discussed as follows.
Looking for top-quality assignment help? At Native Assignment Help, we make the process simple and efficient. Wondering how does assignment writing service work? It's easy! Just provide the details of your assignment, and our expert writers will craft a tailored solution to meet your academic needs.
Issue
Sarah Montague is the new client who works as a part-time receptionist and seeks legal advice and justice for legal protection from his partner Cohabitant Michael Boyd. Michael has a mild substance abuse problem along with mood swings and short temper problems. Sarah experienced terrific behavior from Michael and life threats from Michael for shouting abuse and talking with other neighbors against Michael. Therefore, Sarah wants to end this relationship with Michael and claims for the safety of herself and their two-year son Angus. However, Sarah has no options to go somewhere else because Sarah loves to continue the job and wants to remain at 20 Orchard Drive, Twxford for the consistency of Angus’s Nursery. Therefore, the first issue is here whether Sarah can get justice for the protection of her two-year-old son Angus against physical abuse and life threats. The next issue that arises here is where Sarah can get permission to leave 20 Orchard Drive safely.
Based on the above legal issue, the “Family Law Act 1996” can be applicable here to provide the protection and legal rights to Sarah to stay at 20 Orchard Drive safely. According to the “Family Law Act 1996” Sarah Montague can put a legal case against her partner Cohabitant Michael Boyd for physical abuse to Sarah. Based on this Family Law Act 1996”, Sarah Mortgage can file a legal case against substance abuse problems and attend to a murder case. The “Family Law Act 1996, Part IV” can provide legal regulation and principles for domestic violence, non-molestation problems, and occupation orders, which is faced by Sarah Montague from her partner Cohabitant Michael Boyd. Section 30, 31 under this “Family Law Act 1996” can also provide the statutory license for occupying home 20, Orchard Drive. However, based on this legal application from Sarah, the court has to verify the complaint of Sarah against Michael for substance abuse problems and anger issues.
Application
Sarah Montague is a new client who recently faced challenges of physical abuse and torture from his partner Cohabitant Michael Boyd. Therefore, Sarah needs legal advice to overcome this family abuse problem. Sarah’s partner Cohabitant works as an estate agent and Sarah and Cohabitant have 5 years of relationship. Sarah and Montague started to live in Michael’s home based on the short-term tenancy agreements. Michael’s mother also developed a relationship with Brain for which Michael experienced mild substance abuse problems. However, this problem of Michalis was known to Sarah. Initially, Michael had control over their alcohol intake but this pattern changed after the engagement of Michael’s mother to Brian Perry. In recent days, Sarah observed the unpredictable behavior of Michael for which Michalis behaved furiously and gave life threats to Sarah, which is questioned about the safety and national protection of Sarah and their two-year-old children Angus. Sarah has limited options to shift elsewhere because Sarah’s sister and parents moved away a few years ago. Therefore, Sarah is also unwilling to leave 20, Orchard Drive, Twyxford, and stay there safely with her son, Angus, and wants to end the relationship with Michael. But Michael wants to continue the relationship with Sarah and is unwilling to provide a guarantee not to abuse Sarah.
The “Family Law Act 1996, section IV” can be applied in this situation to give the solutions to Sarah for protecting from physical abuse and life protection from Sarah’s life partner Michael. Applying the regulations of 30, 31 under the “Family Law Act 1996”, the court can provide the statutory license to Sarah to occupy the 20, Orchard Drive home secured and safely. Before, that Sarah had to prove the physical abuse and mental torture from her partner Michael. Sarah can give evidence of their short temper nature along with the mood swings problems of Michael Sarah can prove the violent attitude of Michael and claim safety protection for herself and Angus. Sarah and Michael both jointly lived at 20, Orchard Drive, Twyxford, and Michael has more earning capability than Sarah. Therefore, Michael can refuse to leave 20, Orchard Drive Home. In that case, the court may apply this “Family Law Act 1996, Part IV” and put an occupation order, domestic violence charge, and non-molestation issues to Sarah.
Conclusion
The above case scenario describes the application of the ‘Family Law Act 1996” by which, Sarah can apply Part IV regulation for getting the occupation orders, occupying the license of home at 20, Orchard Drive, and justification against domestic violence from Michael. Sarah also wants to end the relationship with Michael for which the “Section 13 Family Law Act” can also be applicable to verify the complaint against Michael. Based on this act also Sarah can get justice for whether Sarah is eligible to get the rights to stay at 20, Orchard Drive with their two-year-old son Angus.
1.2 The legal assistance and laws provided by the court to Sarah and Angus in case of refusal of 20 Orchard Drive by Michael
Michael can easily refuse to leave the residential rights at 20 Orchard Drive and can also continue the physical abuse and mental torture of Sarah. However, in this situation, the application of the “Family Law Act 1996, Part IV” helps to give evidence of domestic violence and non-molestation charges of Michael against his partner Sarah. Based on this Act, the family court can assist Sarah and Angus in returning to 20 Orchard Drive. Based on the occupation orders, domestic violence charges, and life threats to Sarah by Michael can compelled to leave Michael from 20 Orchard Drive and assist Sarah to come back for safe residential purposes. The court can proceed with the harm test of Michael’s mental abuse problem and substance challenges.
Question 2: Same-Sex Marriage and Parental Rights in UK Family Law
Q. 2.1. Two examples of equal civil partnership and the legal recognition of same-sex marriage
Family law plays a vital role in three different areas child law, finance, and matrimonial purpose. The family also helps to understand the cultural differences of individuals, cultural barriers, and social challenges by which the societal and legal structure can be identified.
View of family laws of Wales and England
The “Family Law Act 1986” provides provisions for separations, divorce, mediation, legal aid, and any kind of disputes related to any kind of family matters for broken marriage, domestic premises, or molestation prevention. This “Family Law Act 1986” also plays an important role because it helps to manage disputes and family relationships. The key role of the Family law of Wales and England provide child welfare, spousal support, domestic violence, and financial settlements.
Family law is responsive to change in Society (Agree)
Any responsive changes have a significant impact on individual society which also reflects the family structures, natures, legal adaptation, and growing recognition.
Often there exist two different views of perspectives of family. In general, marriage is considered a legal recognition of union between two distinct people, from traditional perspectives. However, from the inclusive definition of marriage, the same-sex also established obligations and rights between individuals married.
Two examples of supporting statements
The Act of “Marriage Act (Same Sex couples) Act 2013”, which was passed on the 17th of July, 2013 agreed to give the first permission regarding same-sex marriage between couples in Wales and England. Similarly, the “Civil Partnership Act 2004” provides an extension in the entire UK for legal same-sex marriage between same-sex couples in Wales and England.
Agree
This type of Act between the same sexes provides legal rights to same-sex couples and grants legal recognition in same-sex marriage.
Examples
The first marriage between same-sex couples in Wales and England was held in 2014, March.
Family law is not responsive to change in Society (Disagree)
Disagree
The disagreement against the same-sex marriage happens from the traditional point of view of traditional marriage.
Examples
The “Nullity of Marriage Act” shows the disagreement for same-sex marriage in Wales and England. The UK parliament put the debates for nullifying same-sex marriage in 1971 and discussed transsexualism.
In the case of same-sex marriage both same-sex parents have legal and equal responsibility for child’s protections. Both partners can claim equal responsibility if the same-sex partner belongs to the civil partner category following the treatment time of fertility treatment and donor insemination.
However, in the case of traditional marriage in Wales and England can be decided based on the child's prosperity and child well-being. The “Parental Responsibility and the Children Act, 1989” decides the parent AL’s, responsibilities for powers, duties, and responsibilities regarding parental responsibilities.
Reference list
Book
Lowe NV and others, Bromley’s Family Law (Oxford University Press 2021)
Journals
‘Domestic Violence and Family Law Disputes on the School Agenda’ Domestic Violence, Family Law and School
Duck CS A critical analysis of Family Law Mediation in England and Wales
Gordon-Bouvier E, ‘Embodiment, Temporality, and the Private Family’ [2020] Palgrave Socio-Legal Studies 23
Burton F, ‘Same-Sex Relationships and the Child Law Perspectives’ [2020] Same-Sex Relationships, Law and Social Change 168
Stith SM and Spencer CM, ‘A Review of International Perspectives on Intimate Partner Violence’ [2021] International Perspectives on Intimate Partner Violence 117
Leibetseder D and Griffin G, ‘States of Reproduction: The Co-Production of Queer and Trans Parenthood in Three European Countries’ (2019) 29 Journal of Gender Studies 310
Articles
Sriraam S and Sumathi SG, ‘A Relentless March towards Pride’ [2022] Global LGBTQ+ Concerns in a Contemporary World 1
Websites
Paraskevopoulou A, ‘Gender and Precarious Work’ (SpringerLink, 1 January 1970) <https://link.springer.com/referenceworkentry/10.1007/978-3-319-57365-6_30-1> accessed 19 February 2024
