The Cohabiting Family PDF

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PREP TASK 1From: Trainee To: Supervising Solicitor Fee earner’s reference: Date: Client’s name: Duncan Loder Client’s matter:Nature and Effect of Document The document is a cohabitation agreement. It states that Duncan is to pay all mortgage instalments and common household expenditures (including r...

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PREP TASK 1 From: Trainee To: Supervising Solicitor Fee earner’s reference: Date: Client’s name: Duncan Loder Client’s matter: Nature and Effect of Document The document is a cohabitation agreement. It states that Duncan is to pay all mortgage instalments and common household expenditures (including repair costs less than £1,000). Improvements and repairs exceeding £1,000 shall not be undertaken without prior consent of both parties. All furniture, household, garden or garage articles shall be considered to be owned jointly regardless of who purchased them. All motor vehicles are to be owned jointly apart from such vehicles as are subject to a finance or credit agreement, hire purchase agreement or loan agreement in the name of one party at the date of termination of the relationship. If Duncan and Emma have any children, Duncan is to pay the expenses referred to in the agreement for such a period as decided between both parties. If the agreement is terminated, any child of the couple is to live with Emma and Duncan is to have contact. The agreement splits the housework as follows: Duncan is to do the washing, cleaning and ironing while Emma does the cooking. Amendments The agreement is very much in favour of Emma. Should be amended to some degree especially considering the fact that Duncan is working and paying most of the expenses. It may be better to require Emma to do more around the home as she is not working. Assessment of Enforceability Likely to be enforceable as the agreement shows no undue influence. As it is a written agreement, the presumption that parties in domestic circumstances do not wish to create legal relations is easily rebutted. This is further supported by both parties seeking independent legal advice. While no consideration is mentioned in the agreement, it take the form of a deed which allows this requirement to be circumvented. Most problematic is the fact that Emma and Duncan are entering into this agreement prior to moving into Vine House and it thus appears that cohabitation if part of the obligation of the agreement. However, since both parties have been living together in a rented flat since last year, it cannot be said that cohabitation is part of the agreement. Trainee

PREP TASK 2 To: James Appleby From: Partner in firm’s Real Estate Department Date: Subject: Contact with son Dear James, As you and Ameera were not married at the time of Bassim’s birth, there is an issue regarding your parental responsibility. Unmarried fathers do not automatically acquire parental responsibility on the birth of their child, but can acquire it in accordance with the Children’s Act 1989. If you are registered on Bassim’s birth certificate as the father, you do have parental responsibility. Otherwise, you can obtain parental responsibility for your son by entering into parental responsibility agreement with Ameera, by applying to court for parental responsibility order or by obtaining a child arrangement order from the court. A parental responsibility agreement is a formal document signed by both parents, witnessed by a Justice of Peace, a justices’ clerk, or court official who is authorised by judge to admin oaths. This will require Ameera and yourself to discuss you obtaining parental responsibility for Bassim. As Ameera is still rather upset about the break-up this is not the most ideal of methods. A parental responsibility order is the way forwards where the mother does not agree with the father sharing parental responsibility. In deciding whether to grant such an order, the court considers the welfare of the child to be paramount and will look at your degree of commitment to Bassim, the state of your current relationship with Bassim, and your reasons for making the application. It likely that the courts will grant a parental responsibility order for you as you have a high degree of commitment for your son, wishing to see and spend time with him. Further the courts will take account of Ameera’s parents and your worry that they may try to exclude you from Bassim’s life. Lastly a child arrangement order may be obtainable. Such an order states with whom the child is to live. As Bassim is still very young, it is unlikely that the courts will be willing to separate him fully from his mother as a result reducing your chances of obtaining such an order. Even if the courts do not grant you parental responsibility under a parental responsibility order, you will not be cut off from your son entirely. Unmarried fathers without parental responsibility can apply to the court for any S 8 orders without leave. This means that you can still apply for child arrangement orders (regarding Bassim’s living situation and with whom he is to have contact), prohibited steps orders (preventing certain types of activities without the court’s consent), and specific issue orders (gives directions for the purpose of determining a specific question that has arisen/may arise in connection with any aspect of parental responsibility for Bassim). However, it still favourable to share parental responsibility formally. Sincerely, X

Parental Responsibility - Definition in S3(1) How to get: - Registered on PR - Marrying - Parental Responsibility Agreement - Apply to court for PR Order under S4 o S1(1): welfare principle  Re H helps with this  here he wants to see his son, wants his son to stay overnight, has been involved in his son’s life since birth o S1(5): non-intervention principle Contact 1. Agreement 2. Child Arrangement Order a. Wants contact – overnight stays + general contact b. Leave not required by S10(4) PREP TASK 3 Re P (a child) (financial provision) [2003] 2 FCR 481 Starting point for the judge should be: to decide, at least generically, the home that the respondent must provide for the child. The value, the size, and the location of the home all bear upon the reasonable capital cost of furnishing and equipping it as well as upon future income needs, directly in the case of outgoings but also indirectly in the case of external expenditure such as travel, education, and perhaps even holidays. The home will ordinarily be transiently required during the child's minority or until further order. The appropriate legal mechanism is therefore a settlement of property order. Since the respondent is entitled to the reversion, which in certain circumstances may fall in before the child's majority, the respondent must have some right to veto an unsuitable investment. Once that decision has been taken the amount of the lump sum should be easier to judge. For the choice of home introduces some useful boundaries. In most cases the lump sum meets the cost of furnishing and equipping the home and the cost of the family car WORKSHOP TASK 1 1. What advice would you give to James about the law and any initial action he might take in relation to Bassim’s name? No person can chance child’s surname without either: a) the written consent of every person who has parental resp; or b) leave of the court (S13(1) CA 1989) o decision on welfare principle  reluctant to change child’s name unless in BI o Will take into account: embarrassment to child and parent having different surnames; child’s wishes; extent to which original surname important to maintain connection between parent and child Re C however indicated that this should be done where there is joint parental resp regardless of whether there is a residence order 2. What court application could James make in relation to Bassim’s name and what is the likely outcome? Specific Issue Order  states what the child’s name is

WORKSHOP TASK 2 Can only bring a financial claim with regards to Bassim...