DOCSLIB.ORG

Family Law Act 1996

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Family Law Act 1996 Family Law Act 1996 CHAPTER 27 FirstPublished 1996 Reprinted 1999 Family Law Act 1996 CHAPTER 27 ARRANGEMENT OF SECTIONS PART I PRINCIPLES OF PARTS II AND III Section 1. The general principles underlying Parts II and III. PART II DIVORCE AND SEPARATION Court orders 2. Divorce and separation. 3. Circumstances in which orders are made. 4. Conversion of separation order into divorce order. Marital breakdown 5. Marital breakdown. 6. Statement of marital breakdown. Reflection and consideration 7. Period for reflection and consideration. 8. Attendance at information meetings. 9. Arrangements for the future. Orders preventing divorce 10. Hardship: orders preventing divorce. Welfare of children 11. Welfare of children. Supplementary 12. Lord Chancellor's rules. c.27 Family LawAct 1996 Resolution of disputes Section 13. Directions with respect to mediation. 14. Adjournments. Financial provision 15. Financial arrangements. 16. Division of pension rights: England and Wales. 17. Division of pension assets: Scotland. 18. Grounds for financial provision orders in magistrates' courts. Jurisdiction and commencement of proceedings 19. Jurisdiction in relation to divorce and separation. 20. Time when proceedings for divorce or separation begin. Intestacy 21. Intestacy: effect of separation. Marriage support services 22. Funding for marriage support services. 23. Provision of marriage counselling. Interpretation 24. Interpretation of Part II etc. 25. Connected proceedings. III LEGAL AID FOR MEDIATION IN FAMILY MATrERS 26. Legal aid for mediation in family matters. 27. Provision and availability of mediation. 28. Payment for mediation. 29. Mediation and civil legal aid. PART IV FAMmY HOMES DOMESTIC VIOLENCE Rights to occupy matrimonial home 30. Rights concerning matrimonial home where one spouse has no estate, etc. 31. Effect of matrimonial home rights as charge on dwelling-house. 32. Further provisions relating to matrimonial home rights. Occupation orders 33. Occupation orders where applicant has estate or interest etc. or has matrimonial home rights. 34. Effect of order under s. 33 where rights are charge on dwelling- house. 35. One former spouse with no existing right to occupy. 36. One cohabitant or former cohabitant with no existing right to occupy. 37. Neither spouse entitled to occupy. Family Law Act 1996 c. 27 iii Section 38. Neither cohabitant or former cohabitant entitled to occupy. 39. Supplementary provisions. 40. Additional provisions that may be included in certain occupation orders. 41. Additional considerations if parties are cohabitants or former cohabitants. Non-molestation orders 42. Non-molestation orders. Further provisions relating to occupation and non-molestation orders 43. Leave of court required for applications by children under sixteen. 44. Evidence of agreement to marry. 45. Ex parte orders. 46. Undertakings. 47. Arrest for breach of order. 48. Remand for medical examination and report. 49. Variation and discharge of orders. Enforcement powers of magistrates' courts 50. Power of magistrates' court to suspend execution of committal order. 51. Power of magistrates' court to order hospital admission or guardianship. Interim care orders and emergency protection orders 52. Amendments of Children Act 1989. Transfer of tenancies 53. Transfer of certain tenancies. Dwelling-house subject to mortgage 54. Dwelling-house subject to mortgage. 55. Actions by mortgagees: joining connected persons as parties. 56. Actions by mortgagees: service of notice on certain persons. Jurisdiction and procedure etc. 57. Jurisdiction of courts. 58. Contempt proceedings. 59. Magistrates' courts. 60. Provision for third parties to act on behalf of victims of domestic violence. 61. Appeals. General 62. Meaning of "cohabitants", "relevant child" and "associated persons". 63. Interpretation of Part IV. iv c.27 Family LawAct 1996 SUPPLEMENTAL Section 64. Provision for separate representation for children. 65. Rules, regulations and orders. 66. Consequential amendments, transitional provisions and repeals. 67. Short title, commencement and extent. Schedule 1—Arrangements for the future. Schedule 2—Financial provision. Schedule 3—Stay of proceedings. Schedule 4—Provisions supplementary to sections 30 and 31. Schedule 5—Powers of High Court and county court to remand. Schedule 6—Amendments of Children Act 1989. Schedule 7—Transfer of certain tenancies on divorce etc. or on separation of cohabitants. Part I—General. Part Il—Orders that may be made. Part Ill—Supplementary provisions. Schedule 8—Minor and consequential amendments. Part I—Amendments connected with Part II. Part Il—Amendments connected with Part III. Part Ill—Amendments connected with Part IV. Schedule 9—Modifications, saving and transitional. Schedule 10—Repeals. ELIZABETh II c. 27 Family Law Act 1996 1996 CHAPTER 27 An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected purposes. [4th July 19961 E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and B Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART I PRINCIPLES OF PARTS II AND III 1. The court and any person, in exercising functions under or in The general consequence of Parts II and III, shall have regard to the following general principles principles— underlying Parts II and III. (a) that the institution of marriage is to be supported; (b) that the parties to a marriage which may have broken down are to be encouraged to take all practicable steps, whether by marriage counselling or otherwise, to save the marriage; (c) that a marriage which has irretrievably broken down and is being brought to an end should be brought to an end— (i) with minimum distress to the parties and to the children affected; (ii) with questions dealt with in a manner designed to promote as good a continuing relationship between the parties and any children affected as is possible in the circumstances; and 2 c. 27 Family Law Act 1996 PART I (iii) without costs being unreasonably incurred in connection with the procedures to be followed in bringing the marriage to an end; and (d) that any risk to one of the parties to a marriage, and to any children, of violence from the other party should, so far as reasonably practicable, be removed or diminished. PART II DIVORCE AND SEPARATION Court orders Divorce and 2.—(l) The court may— separation. (a) by making an order (to be known as a divorce order), dissolve a marriage; or (b) by making an order (to be known as a separation order), provide for the separation of the parties to a marriage. (2) Any such order comes into force on being made. (3) A separation order remains in force— (a) while the marriage continues; or (b) until cancelled by the court on the joint application of the parties. Circumstances in 3.—(l) If an application for a divorce order or for a separation order which orders are is made to the court under this section by one or both of the parties to a made. marriage, the court shall make the order applied for if (but only if)— (a) the marriage has broken down irretrievably; (b) the requirements of section 8 about information meetings are satisfied; (c) the requirements of section 9 about the parties' arrangements for the future are satisfied; and (d) the application has not been withdrawn. (2) A divorce order may not be made if an order preventing divorce is in force under section 10. (3) If the court is considering an application for a divorce order and an application for a separation order in respect of the same marriage it shall proceed as if it were considering only the application for a divorce order unless— (a) an order preventing divorce is in force with respect to the marriage; (b) the court makes an order preventing divorce; or (c) section 7(6) or (13) applies. Conversion of 4.—(1) A separation order which is made before the second anniversary separation order of the marriage may not be converted into a divorce order under this into divorce order. section until after that anniversary. (2) A separation order may not be converted into a divorce order under this section at any time while— (a) an order preventing divorce is in force under section 10; or Family LawAct 1996 c.27 3 PART II (b) subsection (4) applies. (3) Otherwise, if a separation order is in force and an application for a divorce order— (a) is made under this section by either or both of the parties to the marriage, and (b) is not withdrawn, the court shall grant the application once the requirements of section 11 have been satisfied. (4) Subject to subsection (5), this subsection applies if— (a) there is a child of the family who is under the age of sixteen when the application under this section is made; or (b) the application under this section is made by one party and the other party applies to the court, before the end of such period as may be prescribed by rules of court, for time for further reflection. (5) Subsection (4)— (a) does not apply if, at the time when the application under this section is made, there is an occupation order or a non- molestation order in force in favour of the applicant, or of a child of the family, made against the other party; (b) does not apply if the court is satisfied that delaying the making of a divorce order would be significantly detrimental to the welfare of any child of the family; (c) ceases to apply— (i) at the end of the period of six months beginning with the end of the period for reflection and consideration by reference to which the separation order was made; or (ii) if earlier, on there ceasing to be any children of the family to whom subsection (4)(a) applied.
Load more

Recommended publications
  • Property Law: Fourth Report on Land Registration Report
    The Law Commission (LAW COM. No. 173) PROPERTY LAW FOURTH REPORT ON LAND REGISTRATION Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 8 November 1988 LONDON HER MAJESTY’S STATIONERY OFFICE E 10.30 net HC 680 _I_. _I--.--- ._... .. .- The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are- The Honourable Mr. Justice Beldam, Chairman Mr. Trevor M. Aldridge Mr. Brian J. Davenport, Q.C. Professor Julian Farrand Professor Brenda Hoggett The Secretary of the Law Commission is Mr. Michael Collon and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. .. 11 PROPERTY LAW FOURTH REPORT ON LAND REGISTRATION CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 PART II: THE LAND REGISTRATION ACT 1925 2.1 2 c Revising the Act 2.3 2 PART 111: THE THIRD REPORT ON LAND REGISTRATION 3.1 Overriding Interests 3.2 Rectification and Indemnity 3.6 Minor Interests 3.7 PART IV: CONCLUSION 4.1 8 APPENDIX LAND REGISTRATION BILL 9 Table of Derivations 9 Table of Destinations 14 Draft clauseskhedules and explanatory notes 24 ... 111 Land Registration THE LAW COMMISSION Item IX of the First Programme FOURTH REPORT ON LAND REGISTRATION To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain PART I INTRODUCTION 1.1 In November 1987, you said that “the final results of the Law Commission’s work [on land registration] are eagerly awaited”.’ We are now pleased to be able to submit our fourth, and for the time being final, report on the subject of land registration.
    [Show full text]
  • INFORMATION BULLETIN June 2012 New Family Law
    INFORMATION BULLETIN June 2012 New Family Law Act Table of Contents I. Background 3 II. Importance of Family Law to Women Who Are Victims of Violence in Relationships 5 III. Significant Changes in the Family Law Act for Women Who are Victims of Violence in Relationships 5 IV. Overview of Key Provisions Related to Family Violence 6 FLA Part 1 – Definitions 6 FLA Part 2 – Resolution of Family Law Disputes 7 FLA Part 4 – Care and Time with Children 7 FLA Part 7 – Child and Spousal Support 11 FLA Part 9 – Protection from Family Violence 11 FLA Part 10 – Court Processes 16 FLA Part 12 – Regulations 18 FLA Part 13 – Transitional Provisions 19 FLA Part 14 — Repeals, Related Amendment and 19 Consequential Amendments V. Implementation Issues 20 VI. Conclusion 21 VII. References 23 New Family Law Act Implications for Anti-Violence Workers, June 2012 2 INFORMATION BULLETIN June 2012 New Family Law Act Implications for Anti-Violence Workers1 The new provincial Family Law Act (FLA) received Royal Assent on November 24, 2011, fundamentally altering the way family law matters will be handled in BC. The new Act contains important and far reaching provisions intended to provide better protection for women and children experiencing violence in the family context. While the FLA has now passed through the legislature, most of its sections will not come into force until a regulation to this effect is enacted by Cabinet. The BC Ministry of Justice has announced that this will take place on March 18, 2013. This Information Bulletin will provide an overview of the changes to family law contained in the FLA.
    [Show full text]
  • Human Beings? Reflections on the 70Th Anniversary of the Universal Declaration on Human Rights
    All Human Beings? Reflections on the 70th Anniversary of the Universal Declaration on Human Rights Society of Legal Scholars Centenary Lecture 2018, University of Essex Lady Hale, President of the Supreme Court 2 November 2018 This year we celebrate the 70th anniversary of the United Nations’ Universal Declaration of Human Rights – what Eleanor Roosevelt, who chaired the drafting committee, called a Magna Carta for all mankind. The Declaration was non-binding and it took until 1966 to turn it into the binding International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights. The Europeans were well ahead of them in adopting the European Convention on Human Rights in 1950. Of course, these international treaties do not change the law in the United Kingdom. Only Parliament can do that, as it has done with the European Convention, in the Human Rights Act 1998, but only sporadically for the other two. The Universal Declaration opens movingly in article 1: ‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.’ But do we really mean it? I well remember coming home from responding positively to a fine lecture by Albie Sachs on ‘Do wicked people have human rights?’ to find that our flat had been burgled. It is annoying but of course if the police had caught the burglar he or she would have been entitled to a fair trial and not to be seriously ill-treated in prison. Today I want to concentrate on the relationship between the first and second sentences of article 1.
    [Show full text]
  • Understanding Children's Social Care
    5262-Frost FM 3/3/09 4:39 PM Page i Understanding Children’s Social Care 5262-Frost FM 3/3/09 4:39 PM Page ii 5262-Frost FM 3/3/09 4:39 PM Page iii Understanding Children’s Social Care Politics, Policy and Practice Nick Frost and Nigel Parton 5262-Frost FM 3/3/09 4:39 PM Page iv © Nick Frost and Nigel Parton 2009 First published 2009 Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, this publication may be repro- duced, stored or transmitted in any form, or by any means, only with the prior permission in writing of the publishers, or, in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publishers. SAGE Publications Ltd 1 Oliver’s Yard 55 City Road London EC1Y 1SP SAGE Publications Inc. 2455 Teller Road Thousand Oaks, California 91320 SAGE Publications India Pvt Ltd B 1/I 1 Mohan Cooperative Industrial Area Mathura Road New Delhi 110 044 SAGE Publications Asia-Pacific Pte Ltd 33 Pekin Street #02-01 Far East Square Singapore 048763 Library of Congress Control Number: 2008934325 British Library Cataloguing in Publication data A catalogue record for this book is available from the British Library. ISBN 978-1-4129-2349-1 ISBN 978-1-4129-2350-7 (pbk) Typeset by Cepha Imaging Pvt Ltd Printed in Great Britain by CPI Antony Rowe, Chippenham, Wiltshire Printed on paper from sustainable resources
    [Show full text]
  • The Adoption and Children (Coronavirus) (Amendment) Regulations 2020
    THE ADOPTION AND CHILDREN (CORONAVIRUS) (AMENDMENT) REGULATIONS 2020 Statutory instrument 445 Changes to legal protections for children Briefing for Secondary Legislation Scrutiny Committee Statutory instrument 445 makes around 100 changes in all to 10 sets of children’s social care regulations. Within this, we identify 65 separate removals or dilutions of children’s legal protections (numBered Below). General concerns We are deeply concerned that the Department for Education has made around 100 changes to 10 sets of children’s social care regulations without any public consultation or Parliamentary scrutiny. No evidence or rationale has been produced for individual changes. The Explanatory Memorandum to the Regulations states that it was not possible to comply with the rule which requires relevant instruments to be laid before Parliament for at least 21 days prior to coming into force because “children’s social care resources are already stretched as a result of staffing shortages and an increased demand for services”. The Department for Education also claims to have “consulted informally with the sector who have asked for these changes to be in force as a matter of urgency”. However, organisations said to have been consulted have publicly refuted this on social media – among them the Local Government Association, the Association of Directors of Children’s Services and the Principal Children and Families Social Worker Network. Many of the changes directly interfere with the human rights of very vulnerable children. The Memorandum’s section on Impact makes no reference to the actual impact on children and outlines that a proper impact assessment has not Been prepared because “the changes are temporary”.
    [Show full text]
  • Family Law (Guardianship of Minors, Domicile and Maintenance) Act
    LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt FAMILY LAW (GUARDIANSHIP OF MINORS, DOMICILE AND MAINTENANCE) ACT CHAPTER 46:08 Act 15 of 1981 Amended by 20 of 1985 *14 of 1988 104 of 1994 28 of 1995 66 of 2000 *See Note on page 2 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–70 .. 1/2006 L.R.O. 1/2006 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Family Law (Guardianship of Minors, 2 Chap. 46:08 Domicile and Maintenance) Index of Subsidiary Legislation Page Maintenance Rules (LN 89/1983) … … … … … 40 Note on Act No. 14 of 1988 For an order under section 13(2), 13(5), 13(6)(a), 13(6)(b), 14(1)(b), and 15(b), see paragraph 3 of Schedule 1 to the Attachment of Earnings (Amendment) Act, 1988 (Act No. 14 of 1988). Note on section 13 Orders for Custody and Maintenance For an order for custody and maintenance on the application of a parent under section 13 of the Act see Order 86 of the Rules of the Supreme Court (1975) which is inserted as an Appendix to this Act. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Family Law (Guardianship of Minors, Domicile and Maintenance) Chap. 46:08 3 CHAPTER 46:08 FAMILY LAW (GUARDIANSHIP OF MINORS, DOMICILE AND MAINTENANCE) ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. GENERAL PRINCIPLES 3.
    [Show full text]
  • Support and Property Rights of the Putative Spouse Florence J
    Hastings Law Journal Volume 24 | Issue 2 Article 6 1-1973 Support and Property Rights of the Putative Spouse Florence J. Luther Charles W. Luther Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Florence J. Luther and Charles W. Luther, Support and Property Rights of the Putative Spouse, 24 Hastings L.J. 311 (1973). Available at: https://repository.uchastings.edu/hastings_law_journal/vol24/iss2/6 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. Support And Property Rights Of The Putative Spouse By FLORENCE J. LUTHER* and CHARLES W. LUTHER** Orequire a "non-husband" to divide his assets with and to pay support to a "non-wife" may, at first glance, appear doctrinaire. How- ever, to those familiar with the putative spouse doctrine as it had de- veloped in California the concept should not be too disquieting. In 1969 the California legislature enacted Civil Code sections 4452 and 4455 which respectively authorize a division of property1 and perma- nent supportF to be paid to a putative spouse upon a judgment of an- nulment.' Prior to the enactment of these sections, a putative spouse in California was given an equitable right to a division of jointly ac- quired property,4 but could not recover permanent support upon the termination of the putative relationship.5 This article considers the ef- fect of these newly enacted sections on the traditional rights of a puta- tive spouse to share in a division of property and to recover in quasi- contract for the reasonable value of services rendered during the puta- * Professor of Law, University of the Pacific, McGeorge School of Law.
    [Show full text]
  • Committee of Experts on Family Law (Cj-Fa)
    Strasbourg, 21 September 2009 CJ-FA (2008) 5 [cj-fa/cj-fa plenary meetings/38 th plenary meeting/working documents/cj-fa(2008) 5e] COMMITTEE OF EXPERTS ON FAMILY LAW (CJ-FA) A STUDY INTO THE RIGHTS AND LEGAL STATUS OF CHILDREN BEING BROUGHT UP IN VARIOUS FORMS OF MARITAL OR NON-MARITAL PARTNERSHIPS AND COHABITATION A Report for the attention of the Committee of Experts on Family Law by Nigel Lowe Professor of Law and Director of the Centre for International Family Law Studies Cardiff Law School, Cardiff University, United Kingdom Document prepared by the Secretariat of the Directorate General of Human Rights and Legal Affairs The views expressed in this publication are the author’s and do not necessarily reflect those of the Council of Europe. I. TERMS OF REFERENCE AND FORM OF REPORT The basic terms of reference of this report are: • to undertake an investigative study into the rights and legal status of children being brought up in various forms of marital or non-marital partnership and cohabitation; • to make proposals concerning a possible follow-up. An important backdrop to this study is the existence of: 1. certain Council of Europe instruments, namely, the 1975 European Convention on the Legal Status of Children Born Out of Wedlock , which has long been recognised as in need of modernising, 1 and the not unrelated Recommendation No R (84) 4 on Parental Responsibilities and the “White Paper” On Principles Concerning the Establishment and Legal Consequences of Parentage ,2 which has not yet been followed up; and 2. human rights instruments, in particular the United Nations Convention on the Rights of the Child 1989 (“CRC”), to which all Council of Europe Member States are Parties, and by which State Parties are enjoined 3 to respect and ensure the Convention rights for each child within their jurisdiction are applied without discrimination of any kind .
    [Show full text]
  • LAND REGISTRATION for the TWENTY-FIRST CENTURY a Conveyancing Revolution
    LAND REGISTRATION FOR THE TWENTY-FIRST CENTURY A Conveyancing Revolution LAND REGISTRATION BILL AND COMMENTARY Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 9 July 2001 LAW COMMISSION H M LAND REGISTRY LAW COM NO 271 LONDON: The Stationery Office HC 114 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. THE COMMISSIONERS ARE: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge· Professor Martin Partington Judge Alan Wilkie QC The Secretary of the Law Commission is Mr Michael Sayers Her Majesty’s Land Registry, a separate department of government and now an Executive Agency, maintains the land registers for England and Wales and is responsible for delivering all land registration services under the Land Registration Act 1925. The Chief Land Registrar and Chief Executive is Mr Peter Collis The Solicitor to H M Land Registry is Mr Christopher West The terms of this report were agreed on 31 May 2001. The text of this report is available on the Internet at: http://www.lawcom.gov.uk · Mr Stuart Bridge was appointed Law Commissioner with effect from 2 July 2001. The terms of this report were agreed on 31 May 2001, while Mr Charles Harpum was a Law Commissioner. ii LAW COMMISSION HM LAND REGISTRY LAND REGISTRATION FOR THE TWENTY- FIRST CENTURY A Conveyancing Revolution CONTENTS Paragraph Page PART I: THE LAND REGISTRATION BILL AND
    [Show full text]
  • Land Registration for the Twenty-First Century a Consultative Document
    LAW COMMISSION H M LAND REGISTRY LAND REGISTRATION FOR THE TWENTY-FIRST CENTURY A CONSULTATIVE DOCUMENT CONTENTS Paragraph Page FOREWORD 1 PART I: INTRODUCTION 2 INTRODUCTION 1.1 2 The move to electronic conveyancing 1.2 2 The deficiencies of the present legislation 1.3 3 The need to develop principles appropriate to registered land 1.5 3 BACKGROUND 1.7 4 THE LAND REGISTRATION ACT 1997 1.10 5 THE CRITERIA FOR REFORM 1.11 6 The agreed objectives 1.12 6 CONSULTATION 1.15 7 THE EUROPEAN CONVENTION ON HUMAN RIGHTS 1.16 8 STRUCTURE OF THIS REPORT 1.17 8 ACKNOWLEDGEMENTS 1.19 9 PART II: LAND REGISTRATION TODAY – A CRITICAL OVERVIEW 10 INTRODUCTION 2.1 10 GENERAL PRINCIPLES: THE CONCEPT OF LAND REGISTRATION 2.2 10 Conveyancing in unregistered land 2.2 10 Registered land 2.4 11 The move towards total registration 2.8 12 THE LEGAL AND ADMINISTRATIVE FRAMEWORK 2.10 13 H M Land Registry 2.10 13 The register 2.11 13 INTERESTS IN REGISTERED LAND 2.13 14 Registrable interests 2.13 14 Overriding interests 2.16 15 Minor interests 2.19 16 MAKING DISPOSITIONS OF REGISTERED LAND 2.20 17 Introduction 2.20 17 Registered dispositions 2.21 17 Priority searches 2.24 18 Minor interests 2.25 19 RECTIFICATION AND INDEMNITY 2.36 22 Rectification 2.37 22 Indemnity 2.40 23 ADVERSE POSSESSION 2.43 24 v Paragraph Page CONVEYANCING ISSUES 2.45 25 The move to electronic conveyancing 2.45 25 Proof of title 2.49 26 PART III: DEFINITIONS AND CONCEPTS 27 INTRODUCTION 3.1 27 REGISTERED ESTATES 3.5 28 The present definition 3.5 28 Estates which may be registered 3.6 29 Registered
    [Show full text]
  • Following Grenfell: Children's Rights
    Equality and Human Rights Commission Following Grenfell: children’s rights This briefing focuses on children’s rights, including their scope of protection, case law and their relevance to Grenfell. It forms part of a series explaining human rights issues raised by the Grenfell Tower fire: the right to life, adequate and safe housing, inhuman or degrading treatment, equality and non-discrimination, children’s rights and access to justice. What are children’s rights and what is their source in international law? Children’s human rights are protected through the same international treaties that protect the human rights of adults, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the European Convention on Human Rights (ECHR). The UK Government has signed up to these treaties and is bound by their provisions under international law. The ECHR is binding in domestic law as it is incorporated into our law by the Human Rights Act 1998. There is also an international treaty that applies exclusively to children: the Convention on the Rights of the Child (CRC). The CRC is the first international instrument to set out the full set of rights applicable to children. It recognises that children are entitled to special protection and assistance, and that children are rights- bearers in their own right. It is the most widely ratified human rights treaty.1 The CRC became binding for the United Kingdom under international law in 1991. Although the UK Government has neither directly incorporated the CRC into domestic law, nor ratified the third optional protocol to the CRC, which would allow children to bring individual complaints to the UN Committee on the Rights of the Child, the CRC has been interpreted and applied in domestic case law.
    [Show full text]
  • DECISION-MA KING in the CHILD's BEST INTERESTS Legal and Psychological Views of a Child's Best Interests on Parental Separation
    DECISION-MA KING IN THE CHILD'S BEST INTERESTS Legal and psychological views of a child's best interests on parental separation David Matthew Roy Townend LL. B. Sheffield Thesis submitted to the University of Sheffield for the degree of Doctor of PhilosophY' following work undertaken in the Faculty of Submitted, January 1993' To my family, and in memory of Vaughan Bevan 1952 - 1992 ;J Contents. Preface. vi Abstract. viii. List of Cases. x. List of Statutes. xix. Introduction: The Thesis and Its Context 1. Part One: The Law Relating to Separation and Children. 1.1 The statutory requirements: the welfare principle. 15. 1.2 The application of the welfare principle. 42. Part Two: The Institution of Separation Law: The development of out-of-court negotiation. 130. Part Three: The Practice of Separation Law. 3.1 Methodology. 179. 3.2 The Empirical Findings: a. Biographical: experience and training. 191. b. Your role in child custody and accessdisputes. 232. c. Type of client. 254. d. The best interests of the child. 288. 3.3 Conclusions. 343. Part Four: The Psychology of Separation Law. 4.1 The Empirical Findings Concerning Children and Parental Separation. 357. 4.2 Attachment theory: A Definition for the Child's Best Interests? 380. 4.3 The Resolution of Adult Conflict: A Necessary Conclusion. 390. Appendices: A. 1 Preliminary Meetings. 397. A. 2 The Questionnaire. 424. A. 3 Observations. 440. A. 4 Data-tables. 458. Bibliography. V Preface. This work has only been possible because of other people, and I wish to thank them. My interest in this area.
    [Show full text]