Clean Break Principle - Family and Child Law - Past Exam, Exams of Family Law

Download Clean Break Principle - Family and Child Law - Past Exam and more Exams Family Law in PDF only on Docsity! PRIFYSGOL ABERYSTWYTH UNIVERSITY SUPPLEMENTARY DEGREE EXAMINATIONS 2010 DEPARTMENT OF LAW AND CRIMINOLOGY FAMILY AND CHILD LAW (LA36420) Time allowed ONE AND A HALF hours Answer TWO questions Candidates may take into the examination unmarked copies of Blackstone’s Family Law Statutes or equivalent (any edition). Unmarked material which is permitted to be taken into the examination must remain unmarked for the duration of the examination. Highlighting and underlining are permitted. Blank post-it notes can be used to mark pages. 1. Provide a critical overview of the ancillary relief governed by Part II of the Matrimonial causes Act 1973. Pay particular attention to the following questions: a) What is the purpose of these provisions? b) Are the discretionary powers of the court too wide? c) Is the so-called ‘clean break principle’ useful in practice? d) Should the court take the parties’ conduct into account when making a division of property? 2. Explain the difference in the application and scope of a non-molestation order and an occupation order. In your opinion, do these provisions adequately provide for the protection of victims of domestic violence? Can any suggestions for approval be made? 3. In your opinion, do Section 8 orders succeed in resolving private disputes concerning children in a manner that promotes the welfare of the child? Please explain your answer with reference to the practical application of section 8 orders in case law and also provide suggestions for the possible improvement of the legislative framework. 4. Provide a critical discussion of the difference between a welfare-based approach and a rights-based approach to Child Law by using the example of Gillick v W Norfolk and Wisbech AHA (1986). Please refer in your answer also to the opinions of writers on this topic. Please turn over……