Lecture notes
Family Law and Practice LPC WS02 d2
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice LPC WS02 d2
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LEGAL PRACTICE COURSEPost Session – Exemplar to Task 1: Mrs Jane Forman Behaviour Petition
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Note: This is not the only possible version of this petition but it is an example to demonstrate how to
incorporate from your client’s statement, examples of behaviour which fulfil the guidance in Livingstone-
Stallard [1974].
The comments in italics are for your use only.
Part 6: Statement of Case
(i) Problems within the marriage began after the birth of James in 2007. The
petitioner found him to be a demanding baby and as a consequence she
became exhausted due to lack of sleep. The respondent failed to give her any
support and in addition began, at this time, to drink heavily blaming this on the
pressures from his business all of which caused the petitioner further distress.
Always a good idea to indicate when the problems began.
(ii) As a result of health problems after the birth the petitioner found she experienced
pain during intercourse and as a result was unable to have intercourse with the
respondent for some months. As a result of the respondent’s lack of support and
understanding and his threats to find another partner the petitioner became so
depressed that she was forced to seek medical advice, when she was prescribed
anti-depressants.
Any medical treatment is worth citing as it provides independent evidence of state of
mind.
(iii) The respondent is a heavy drinker and he refuses to discuss this with the
petitioner which caused her anxiety and distress.
It may be that the respondent is sensitive about for example, his drinking, and you could
perhaps negotiate with his solicitors to leave this aspect of the behaviour out provided
you are clear that what is left is sufficient to satisfy the court of the unreasonable
behaviour. This would be in line with Resolution guidance.
(iv) There have been several instances of violence during the marriage. On one
occasion in June 2018 the respondent slapped the petitioner round the head in
front of the two children of the family. A further similar incident, when the
respondent slapped the petitioner’s head, occurred in the middle of August 2018.
Both incidents caused the petitioner pain and suffering.
The court will always take a more serious view of incidents of violence where children are
present.
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