Exam May 2014, questions and answers PDF

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THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON

LA3019

ZB

DIPLOMA IN THE COMMON LAW LLB ALL SCHEMES AND ROUTES

Family Law Thursday 5 June 2014: 10.00 – 13.15 Candidates will have fifteen minutes during which they may read the paper and make rough notes ONLY in their answer books. They then have the remaining THREE HOURS in which to answer the questions. Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

© University of London 2014 UL14/0547 Page 1 of 4

1.

“There has been a steady trend in [recent] judicial remarks that parental responsibility is more a matter of status recognition than of substantive rights, responsibilities, etc.” (George 2012). Discuss.

2.

Herb, a 45-year-old solicitor, and Wendy, a 43-year-old copy editor, married in 2003. They moved into Herb’s home, which he inherited from his parents in 1995. Their daughter Clarice was born in 2008 and due to Herb’s long hours at work, Wendy has been her primary carer. One month before they married, Herb and Wendy signed an agreement which stated, among other things, that because each was professionally and gainfully employed, in the event of their divorce, neither would have any claim against the other for any property or support, other than child support if they were to have children. At the time they executed the agreement, the only substantial property Herb owned was the house he inherited from his parents (now their family home), some stocks and his occupational pension. Wendy had an occupational pension. Herb drew up the agreement and Wendy signed it without legal advice. After the marriage they purchased a small holiday cottage in Cornwall, title to which is in Herb’s name. Herb and Wendy have now decided to divorce and they have agreed the arrangements for Clarice’s care and child support. They have also agreed that no other support will be payable between them. Herb, however, has told Wendy that he expects her and Clarice to move out of the home and that, pursuant to their prenuptial agreement, neither will claim anything further from the other. For Clarice’s sake, Wendy wants to stay in the marital home, which is valued at £850,000 and mortgage-free. Wendy is also aware that Herb’s stocks have increased in value dramatically since 2003. She would like a full property division and claims that she should not be held to the terms of the pre-nuptial agreement. Advise Wendy.

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3.

Alma and Bennie separated nine months ago after Bennie struck her across the face. They had been married for 10 years and have one child, Carla, aged nine, who lives with Alma in the former family home. Since the separation, Carla has been seeing Bennie every other weekend. Last weekend she came home crying with a bruised wrist. Carla told Alma that Bennie had smacked her and twisted her wrist when she reached for the toast at breakfast. She also told Alma that she had been afraid of Bennie for her last few visits and that he had been drinking a lot and that he had struck her on earlier visits. When Alma phoned Bennie to discuss the situation, he shouted at her and said that Carla was just a “crybaby” who got what was coming to her. He said Alma could not keep him from his daughter and if he had to he would take Carla away from her. Alma is now afraid for both her own and Carla’s safety. Although Bennie has not come around the house, Carla reports seeing him outside her school and is frightened. Alma now wishes to divorce Bennie. She is willing to discuss arrangements regarding residence and Bennie’s continued contact with Carla, but wants Bennie to stay away from them while these discussions are under way. Advise Alma regarding her divorce and whether she can take any steps to protect herself and Carla from Bernie. Do NOT discuss the details of any possible post-divorce child care or financial arrangements.

4.

Assess the impact of Article 8 of the European Convention on Human Rights on family law.

5.

“There is no reason why marriage and civil partnership should not be capable of being dissolved by consent of the parties.” Discuss this statement.

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6.

Blue is four-years-old. He attends nursery school every weekday morning. His parents, Claire and Don, both work full-time outside the home and employ a full-time nanny to look after Blue. They agreed that Blue be placed temporarily in a foster home when one of his nursery carers expressed concern about unexplained severe bruising on his body. The foster parents are prepared to look after Blue on a long-term basis or at least while the local authority investigates the bruises. After two weeks, however, and before Blue is seen by a doctor, Claire and Don change their minds about the placement and want Blue to come home. They say they have now fired the nanny. Advise the local authority.

7.

Anna and her civil partner, Laura, live with Anna’s two children: Ian, aged 5, and Rob, aged 15. Rob’s father Jamal was married to Anna until they divorced 10 years ago. Jamal and Rob do not see each other very often these days, but are in email and Skype contact. Ian was born as a result of assisted reproduction treatment, which Anna underwent with the consent of her then partner Maria, in a licensed clinic. Maria and Anna separated two years ago, but Maria continues to play a full and active role in Ian’s life, seeing him each alternate weekend (Friday 4pm to Sunday 5pm) and every Tuesday after school for dinner. Maria also has a good relationship with Rob and plays an active role in his life. Anna and Laura are now planning to move to the USA where Laura has been offered a job. They wish to visit the USA for two months this summer to pursue the arrangements. Anna did not consult Maria about her plans but she simply informed her five days ago that they were going to the USA ‘for a two-month holiday’. Ian and Rob told Maria about the move and that they are not happy about it. Rob has told Jamal the same thing. Advise Maria and Jamal as to any action they may be able to take to prevent the move, and their likelihood of success.

8.

“The concept of welfare is, no doubt, the same today as it was in 1925, but … the content of the concept … [has] changed and continue[s] to change. A child's welfare is to be judged today by the standards of reasonable men and women in 2012…” . Re G (Children) (2012) per Munby LJ. Discuss.

END OF PAPER

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