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Family Law and Practice LPC LG06 D2e
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LEGAL PRACTICE COURSEFamily LG 06: Post-Session – Suggested Answers for Pre and In-Session Questions
The Smith family consists of Mr and Mrs Smith, their son Will, the au pair Leila, Leila’s boyfriend
Kevin, and Harry a friend of the family. The family home is in Mr Smith’s sole name. Consider
the following family relationships and decide who would be eligible to apply for a non-molestation
and / or an occupation order under Part IV Family Law Act 1999
1. Mr Smith starts to behave threateningly to Mrs Smith who wants him out.
Associated person?
Yes – spouse s62(3)(a)
Entitled Applicant?
Yes – Home Rights s33(1)(a)(i) as defined in s30 (non-entitled spouse where other
spouse is entitled).
2. Leila moves her boyfriend Kevin into the Smith’s home, but the relationship ends
and she wants him out. There has been no molestation.
Associated person?
Yes – cohabitant s62(3)(b)
Entitled person
No – no interest in the property (see definition in s33(1)(a)(i) – proprietary interest)
Non-entitled person
Yes – both not entitled to occupy s38
3. Mr and Mrs Smith decide that Leila has not been setting a good example to Will
and they want her out.
Associated person?
No – s62(3)(c) excludes employer/employee relationships
Not eligible for any orders under the Act
4. Mr Smith and Kevin start a homosexual relationship during the summer holidays
while the rest of the family is away. By the end of the summer Mr Smith ends the
relationship and wants Kevin out.
Associated person?
Yes – s62(3)(c) as living together in same household.
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