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Summarised family law lpc notes
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Summarised family law lpc notes
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Protective MeasuresHome rights - S30 Family Law Act (FLA) 1996
If a spouse has legal or other rights of occupation over a dwelling house which has at some time
been or intended to be a matrimonial home then under S30 Family Law Act (FLA) 1996, the other
spouse will have home rights over that dwelling house automatically and has rights not to be evicted
or excluded and to enter.
Such automatic rights of occupation end on complete dissolution of the marriage.
Application:
Under S30 Family Law Act (FLA) 1996, Maurice has legal and rights of occupation over the small
cottage at the farm in Shropshire which he inherited from his father and intended to be the
matrimonial home as it was intended Arabella would return to Shropshire once her work in
Netherlands came to an end and they sold their flat in London and Maurice resigned from his city job
so intent clear.
As a result of, Arabella has home rights over this dwelling automatically and has rights not to be
evicted or excluded and to enter.
Such automatic rights of occupation end on complete dissolution of the marriage.
Maurice and Arabella did buy a flat in Amsterdam but according to Maurice’s statement it doesn’t
seem to have been or intended to be their matrimonial home particularly as the children are based
in England i.e. bryony is in boarding school, Jonah has a nanny, Maurice works at the farm.
Homelessness means having no reasonable accommodation or not being able to secure entry to
your accommodation or occupation is likely to lead to violence or threats of violence from another
person.
Intentional homelessness means having had reasonable accommodation available, a person
deliberately acts or fails to act so that they stop the petitioner from occupying the property
Priority need – dependent children, vulnerable – age/disability, ceased to occupy accommodation as
a result of (threats of) violence, pregnant, flood, fire etc.
Priority need + unintentional homelessness = local authority rehouse
Priority need + intentional homelessness = temporary accommodation
No priority need = advice & assist to find accommodation
Domestic Violence Prevention notices (DVPN) & Orders (DVPO)
Crime & Security Act 2010
Allows a victim time to consider their options re civil proceedings
, DVPN issued by the police (Superintendent) if necessary to protect the associated person – non-
molestation or occupation
Breach of DVPN = Arrest = Magistrates Court within 24 hours = DVPO hearing
Police must always apply to a Magistrates Court for a DVPO which must be heard within 48 hours,
DVPO lasts 14-28 days
Breach of DVPO – imprisonment or fine
Pre-charge condition bail – could bar suspect from approaching a complainant or their property
Practical considerations
- Warning letter may be a sufficient deterrent but inappropriate if serious violence has
occurred
- LAA may consider it necessary before granting a certificate for proceedings
- LAA will want to know if there’s been police involvement
Public Funding Issues
Obtaining emergency representation
Only granted if work needs to be carried out in days and if not granted, the client would
suffer serious adverse consequences i.e. risk to life, physical safety, could be homeless.
By exercising delegated functions - Within 5 working days, must send CIV APP3 with
delegated section completed together with relevant Means Form, employer’s statement in
Form L17 or 3 months/6 weeks payslips
By email – must be so urgent that work needs to be done within 1 working day, use CIV
APP6 form, within 5 working days – send CIV APP3 with emergency section completed
together with relevant Means Form, employer’s statement in Form L17 or 3 months/6
weeks payslips
Full application must be consistent in all material respects with the emailed version, if full
application not sent then the emergency certificate will not be granted and no costs payable
for work done – if late submission, must apply for an extension of 5 day limit (exceptional
cases)
By postal application – send in CIV APP3 with emergency box ticked on the front together
with relevant Means Form, employer’s statement in Form L17 or 3 months/6 weeks payslips
May be refused for non-molestation if – petitioner should have sent a warning letter, didn’t notify the
police, following notification – adequate police assistance received, conduct not within last 2-3 weeks
unless risk of repetition of earlier conduct, conduct is trivial, respondent has appropriate bail
conditions on is in custody.
Other public funding issues:
- Client must be financial eligible (assess by CIV APP6)
- If the client later proves to be financially illegible for legal representation, they would be
liable for any incurred costs on their behalf & possibly other side’s costs too
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