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Family Law by Kate Standley BA, LLB (auth.) PDF

By Kate Standley BA, LLB (auth.)

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This is also true in relation to children. This uncertainty, plus evidence that different courts sometimes reached markedly different decisions on similar facts, was one of the Government's main ju stifications for removing child maintenance from the courts into the Child Support Agency, with maintenance calculated by a mathematical formula. Because of the discretionary nature of family law and because there may be several reasonable solutions to a family dispute, the Court of Appeal is unwilling to overturn discretionary decisions made at first instance unless wrong in law or outside a band of reasonable decisions and therefore plainly wrong (see G v.

One criticism is the absence of any clear idea about what the process really involves , resulting in considerable diversity of practice . There has also been concern that agreement s reached by mediation are not always those of the parties but may have been imposed by the mediator, or imposed by the party in the stronger bargaining position . 6 Introduction Removing disputes from the court and creating 'Iawyerless justice' may even threaten the rule of law. Mediation will have an even greater role to play when the divorce reforms under the Family Law Act 1996 come into force, although mediation will not be compulsory.

G. applications for care, supervision and emergency protection orders. g. ) (a) Magistrates' Family Proceedings Courts Cases in the magistrates' family proceedings courts are heard by lay and stipendiary magistrates who are specially trained in family work and assisted by the clerk of the court. g. orders for financial provision under the DPMCA 1978 and for domestic violence injunctions under Part IV FLA 1996), although they have a more limited jurisdiction than the superior courts and most solicitors usually prefer to use the county court.

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