1. The decision of K
v K and child relocation: how the UNDERGRADUATE has changed following the decision when a
parent wishes to move abroad with children.
The decision of K v K (2011) is indeed a landmark
case which seized upon the opportunity to undertake a much-needed modernised
approach to the UNDERGRADUATE on
relocation. This study will critically evaluate the changes brought about by
the decision in terms of the problem areas it remedied and the suitable aspects
it retained. It will ultimately be demonstrated that K v K represents a
modernised approach, rendering the UNDERGRADUATE compatible with recent social developments in
child care. The shift has now moved from the need to determine who the sole
carer is to the need to ensure the welfare of the child and encourage joint
care where desirable. Yet closer analysis reveals the inherent errors in the
decision, which will similarly be focused upon.
Suggested Reading
- Eaton, D & Reardon, M 2011.
'Relocation After K v K', Family UNDERGRADUATE , vol. 12, no. 20.
- Herring, J 2011. Family UNDERGRADUATE ,
5th edn, Essex: Pearson.
- Parkinson, P 2006. 'Family UNDERGRADUATE and the Indissolubility of Parenthood',
Family UNDERGRADUATE Quarterly,
vol. 12, no. 40.
- Standley, K 2010. Family UNDERGRADUATE ,
7th edn, London: Palgrave Macmillan.
2. Shared Residence
Orders, the Problem of Time and Allocating Care Realistically.
Courts are often faced with the difficult decision
as to whether they must make shared or single residence orders. Such an
assessment requires that important yet potentially conflicting factors be taken
into account. Yet what are such factors and how much weight is to be attached to
each? This study will examine the case UNDERGRADUATE on shared residence orders in a bid to
determine which factors are deemed the most important by the courts, and which
approach is generally favoured. This will inevitably cause a number of critical
areas to arise in which it will be considered that the UNDERGRADUATE is in need of alteration or reform. It will
ultimately be demonstrated that becoming preoccupied with analyses of time
detracts from other, more important elements.
Suggested Reading
- Bates, P, Jenks, H, Golding, S, Kempton,
J & Ramsey, S 2011. Relationships, Families and the UNDERGRADUATE :
Manual 1, 2nd edn, New York: Oxford University Press.
- Gilmore, S 2011. 'The Payne Saga:
Precedent and Family UNDERGRADUATE Cases', Family UNDERGRADUATE , vol. 41,
no. 9.
- Welstead, M & Edwards, S 2008. Family
UNDERGRADUATE , New York: Oxford University Press.
- Weyland, I 1995. 'Judicial Attitudes to
Contact and Shared Residence since the Children Act 1989', Journal of
Social Welfare and Family UNDERGRADUATE , vol. 17, no. 4.
3. Cohabitation UNDERGRADUATE
reform is long overdue. The current UNDERGRADUATE
relating to the end of a relationship is
confused, outdated and unfair. Discuss.
There is little doubt that cohabitation is a common
choice among couples; changes in social attitudes towards relationships have
seen a decline in the importance of marriage. Consequently the UNDERGRADUATE has seen the need to respond to cohabitants.
However, the UNDERGRADUATE has thus far
stubbornly held on to the desire to treat cohabitants and married couples
differently. This is becoming a major problem, particularly in light of the
increasing number of couples who choose to cohabit. Reform is inevitable. This
study will explore which areas of the UNDERGRADUATE are in dire need of reform and why. The
overall issue will be targeted, questioning why married couples should have
certain automatic rights whereas cohabitants should not. It is clear that
cohabitants need to be given greater legal recognition, perhaps even equal
status as married couples. Is this possible? Could a separate UNDERGRADUATE be developed to deal with cohabitants? What is
clear is that the UK needs to loosen its hold on the traditional institution of
marriage. How it will go about this, however, is quite another issue.
Suggested Reading
- Barlow, A 2004. 'Regulating Marriage and
Cohabitation in 21st century Britain', Modern UNDERGRADUATE Review, vol. 67, no. 2.
- Diduck, A & Kaganas, F 2012. Family UNDERGRADUATE
, Gender and the State: Text, Cases, and Materials, 3rd edn, London: Hart.
- Hale, B & Pearl, D 2009. The Family, UNDERGRADUATE
& Society: Cases and Materials,
6th edn, New York: Oxford University Press.
- Smart, C & Stevens, P 2000.
Cohabitation Breakdown, London: Joseph Rowntree Foundation.
4. Anyone who has attended a civil partnership
ceremony, and seen how similar it is to a marriage ceremony, knows how
extraordinarily petty it is for the UK Government to say that a same-sex couple
can have all the rights and responsibilities of marriage tundergraduate ough an
institution with a different name (civil partnership) but cannot have access to
the word and institution of marriage. Critically consider the case for and
against legislation to extend the availability of civil marriage to same-sex
couples.
Huge shifts in social attitudes over recent years
have ignited the debate concerning the way in which family UNDERGRADUATE deals with same-sex couples. This is
particularly the case for the UNDERGRADUATE on marriage and civil partnerships. This study
will critically explore why, if same-sex couples are given the same rights in
civil partnerships as married couples, the UNDERGRADUATE does not permit same-sex couples to marry. Is
this discrepancy the result of outdated traditional morality or do more
profound reasons lurk behind the UNDERGRADUATE 's current stance? The study
will examine why same-sex couples have thus far been denied the right to marry,
and the potential consequences that may arise should they be given such a right.
It will be demonstrated that there are no other apparent reasons than outdated
ascriptions to the sanctity of marriage, and that consequently reform is not
only necessary, but overdue. Although the UNDERGRADUATE 's approach appears to
be more symbolic than anything else, it is clear that the time has come to
allow same-sex couples to marry.
Suggested Reading
- Barker, N 2006. 'Sex and the Civil
Partnership Act: The Future of (Non)Conjugality?', Feminist Legal Studies,
vol. 14, no. 2, pp. 241-259.
- Bates, P, Jenks, H, Golding, S, Kempton,
J & Ramsey, S 2011. UNDERGRADUATE : Relationships, Families and the UNDERGRADUATE
Manual 1. 2nd edn., New York:
Oxford University press.
- Cretney, S 2006. Same-Sex relationships:
From 'Odious Crime' to 'Gay Marriage', New York: Oxford University Press.
- Gerstmann, E 2004. Same-sex Marriage and
the Constitution, Cambridge: Cambridge University Press.
- Kiernan, K 2004. 'Redrawing the
Boundaries of Marriage', Journal of Marriage and Family, vol. 66, no. 4,
pp. 980-987.
5. Appealing Divorce
UNDERGRADUATE Decisions under the
Matrimonial Cause Act 1973: Ancillary Relief and Principles of Fairness.
It was stated by Lord Hoffman in the landmark
decision of Piglowska v Piglowski (1999) that 'to allow successive appeal in
the hope of producing an answer which accords with perfect justice is to kill
the parties with kindness'. The case demonstrates those unfortunate situations
in which litigation cost more to distribute ancillary relief than the value of
the actual funds distributed. This study will explore the tendency of parties
to appeal decisions on grounds of 'wrongness' disguised as 'legal error'. The
courts ambit of discretion in determining how ancillary relief is to be
distributed will be critically examined, in conjunction with expectations of
fairness. It will be demonstrated that the concept of fairness is a major cause
of dissatisfaction between parties in such cases, for individual fairness is
inherently distinct to fairness in conjunction with the rule of UNDERGRADUATE .
The effect of Pigloswka on the broad ambit of discretion afforded by the
Matrimonial Causes Act 1973 will be evaluated, in conjunction with the courts'
clear willingness to ensure that fairness is a paramount consideration in
ancillary relief cases.
Suggested Reading
- Bailey-Harris, R 2003. Case Reports:
Ancillary Relief'', Family UNDERGRADUATE , vol. 33, no. 387.
- Cretney, SM, Masson, JM &
Bailey-Harris,R 1990. Principles of Family UNDERGRADUATE , London: Sweet
and Maxwell.
- DiMaggio, D 2003. The "Prodigious
Spouse": Equitable Distribution and Wealthy Wage Earner'', Illinois
B.J, vol. 91, no. 460.
6. The Effects of
Domestic Violence on Male Victims: The UNDERGRADUATE 's Response to the
Ultimate Taboo.
The focus of this study is to identify the effects
and challenges of domestic violence on male victims. It seeks to reveal the
hidden aspects of abused men who suffer with often little legal redress or
support. It is commonly concluded that the impact of domestic violence on male
victims is greater than female victims because of the inadequate support
available, both legally and socially. Research shows that a considerable number
of men suffer domestic violence; this study will seek to explore whether the UNDERGRADUATE
adequately deals with male victims. An
array of weaknesses and gaps in the UNDERGRADUATE will be revealed, which will progress to a
variety of proposals for improvement and reform so that the UNDERGRADUATE can deal appropriately with male victims of
domestic violence.
Suggested Reading
- Bowen, E 2011. The Rehabilitation of
Partner- Violent Men, Sussex: Wiley Blackwell.
- Buzawa ES, Buzawa, EG & Stark, E
2003. Responding to domestic violence, 4th edn, London: Sage Publications.
- Cook, PW 2009. The Hidden side of
Domestic Violence, 2nd edn, New York: Greenwood Publishing Group.
- Dulton, GD 2006. Rethinking Domestic
Violence, Canada: University of British Columbia Press.
- Radford, J & Harne, L 2008. Tackling
Domestic Violence, Berkshire: Open University Press.
7. The Welfare of
Children and Child Labour - Its Determinants and Effects.
The welfare of children attracts a considerable
degree of literature involving cross-national quantitative analysis, where the
quality of life of children has been partially defined as the rate of infant
mortality. This literature provides evidence which serves to support a number
of theoretical perspectives, each seeking to explain the cross-national
variations in infant mortality rates. These theories have included political
modernization, economic growth, the position of countries in the international
economic and political order, the status of the sexes, and governmental power.
A quality of life indicator that has been the focus of an extensive amount of
qualitative literature is child labour. Child labour poses a major tundergraduate
eat across the globe. This study will seek to examine existing legal mechanisms
devised to prevent and detect child labour. The UK's stance on and contribution
to the prevention of child labour will be critically examined, leading to an
ultimate conclusion as to what more could be done.
Suggested Reading
- Gursharan, V 1994. Child Labour and Women
Workers, New Delhi: Ashish Publication House.
- Forastieri, V 1997. Children at Work,
Geneva: International Labour Organization Child Labour Collection.
- Gendreau, F 2000. 'Public Policy, Society
and Child Labour', B Schlemmer (ed), The Exploited Child, New York: Zed
Books.
- Sawyer, R 1988. Children Enslaved, New
York: Routledge.
- Seabrook, J 2001. Children of Other
Worlds, Sterling: Pluto Press.
8. Child Protection
and UNDERGRADUATE s Governing the Authority of the State to Intervene.
To what extent is the UK granted authority to
intervene in the private lives of families when a child's safety and wellbeing
is at stake? This study will examine this burning issue, focusing on the
delicate issues that courts are often faced with when children are neglected
and abused. When does legislation permit state intervention, the removal of
children from the family home or the termination of parental rights? Although
the definition of abuse and neglect varies internationally, the UK's Children
Act 1989 generally requires that the conduct of parents create a serious risk
of immediate harm to the child. Yet how is the concept of 'significant harm'
defined by the courts and how do they exercise the discretion that is granted
to them? This study will seek to explore the extent to which the UK seeks to
protect children from neglect and abuse, evaluating whether such discretion
granted to the courts is desirably flexible or should be restricted.
Suggested Reading
- McFarlane, A & Reardon, M 2006. Child
Care and Adoption UNDERGRADUATE : A Practical Guide, London: Jordan
Publishing.
- Eekelaar, J & Dingwall, R 1990. The
Reform of Child Care UNDERGRADUATE : A Practical Guide to the Children Act
1989, London: Routledge.
- Ryan, M 2008. The Children Act 1989:
Putting it into Practice, London: Ashgate.
9. Ensuring Fairness:
the Division of Finances in Divorce.
This study will consider the case UNDERGRADUATE principles and statutory provisions which
govern the division of finances upon divorce in a bid to achieve fairness.
Developments in the areas of legal aid and mediation affecting divorce UNDERGRADUATE
will be evaluated in order to arrive at
a conclusion as to whether they are suitable or lacking in application and
content. The UNDERGRADUATE has as of yet
declined to adopt an absolute stance on the division of assets; consequently
the UNDERGRADUATE has been severely
criticised. As the current UNDERGRADUATE stands, it is a conglomeration of precedents
and legal principles developed by the courts; this is primarily due to the fact
that the UNDERGRADUATE on ancillary
relief has not been reformed since the mid-sixties. This has caused uncertainty
to result in such cases. The study will examine the main areas in need of
reform, predicting the effects of such reforms and accentuating the need to
adopt an updated, consistent approach to ancillary relief. The core concept
here will therefore be that of fairness. Yet should flexibility be sacrificed
in the bid for certainty or should the UNDERGRADUATE maintain some elements of flexibility in order
to encourage settlements.
Suggested Reading
- Bates, P, Jenks, H, Golding, S, Kempton,
J & Ramsey, S 2011. Relationships, Families and the UNDERGRADUATE ,
Manual 1, New York: Oxford University Press.
- Standley, K 2010. Family UNDERGRADUATE ,
7th edition, London: Palgrave MacMillan.
10. The interests of
the resident parent appear to outweigh those of the child. This is an outdated
approach adopted by the decision of Payne and is in dire need of reform.
The modernisation of family life has presented a
major problem to the courts in situations concerning the type of residence
order that is to be chosen for the child when parents separate. The issue is
indeed sensitive, requiring that the court attach relevance to a number of
equally valid considerations. A basic approach to the issue of residence orders
leads one to automatically assume that the court should give priority to the
parent that spends the largest amount of time with the child. However, this may
not always be the best option; hence determining issues of 'time' is inherently
problematic as well as questionable in terms of plausibility. These issues will
be explored by this study, which will seek to establish the approach of the
court in determining which residence order is the most apt according to the
particular situation. However, while there are major problems in this area of
the UNDERGRADUATE , it is arguable that the approach of the court conveys an
increasing preparedness to contemplate as a viable option the shared residence
order.
Suggested Reading
- Davis, G & Pearce, J 1999. 'The
Welfare Principle in Action', Family UNDERGRADUATE , vol. 29, no. 547.
- Diduck, A & Kaganas, F 2012. Family UNDERGRADUATE
, Gender and the State: Text, Cases and Materials, 3rd edn, Oxford: Hart.
- Gilmore, S 2006. 'Contact/Shared
Residence and Child Well-Being: Research Evidence and its Implications for
Legal Decision-Making', International Journal of UNDERGRADUATE , Policy
and Family, vol. 20, no. 3.
- Harris-Short, S & Miles, J 2007.
Family UNDERGRADUATE : Text, cases and Materials, New York: Oxford
University Press.
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