Download - family law guide to exams
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Dr Aoife Daly
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Today:General exam advice
Aoife
1. Divorce2. Arrangements for Cildren
!. "inancial #rders
$elen
%"amily &a' in "lux (amie
%Cild )rotection
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*arking Criteria% 1st
+All main legal issues identi,ed
a-ility to identify additional legal issuesClose and sustained engagement 'it teuestion
/xcellent kno'ledge and understanding of
relevant legal principles
Good grasp of policy pro-lems
Analysis0argument
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relevant and appropriate primary materials
/vidence of good researc from independent
study as 'ell as core materialsincorporation of secondary sources
Clear and convincing structure
ell%su-stantiated conclusions
Clear and toroug referencing trougout
3ery good standard of /nglis
3ery good presentation
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Divorce SampleQuestion:Divorce law is in need of reform.
-Discuss
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Arrangements forCildrenDavid and Victoria have separated after fourteen years
of marriage. They have two children, son Brook (aged14 and daughter !arp (aged 4. David has come to
you for advice a"out arrangements for the children. !esays that since they split last year, the children have"oth "een living in the family home with Victoria, "uthe wants them to come to live with him in his two"edroom apartment. Brook wants to come to live with
him, David says, "ecause they "oth like foot"all. Davidsays that Victoria claims that Brook is only saying this"ecause David has "een putting pressure on him.
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Victoria is also very unhappy thatDavid is worshipping at the #ew$cientist church, as this religion inher opinion is odd and restrictive,
particularly since mem"ers of the%hurch are only allowed to mi&socially with other church mem"ers.
$he worries a"out the impact thiswill have on the children if they livewith their father David.
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David, on the other hand, is very unhappy
that Victoria's new "oyfriend onaldo hasmoved into the family home, as hesuspects that onaldo drinks heavily. Davidthinks this may pose a risk to the children.
!e is also very unhappy "ecause Victoria isclaiming that, during a recent argument,David smashed a glass "ottle on the )oorwhich led to Victoria su*ering in+ury and
getting a cut on her arm. David wonders ifthis will a*ect his position in their disputea"out arrangements for the children.
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David is particularly worried "ecause
Victoria has said that the incidentwith the glass "ottle and his religious practices show that David should notsee the children at all. David wants "ea"le to visit them regularly, at least,and prefera"ly arrange visits wherethe children stay with him overnight.
Advise David.
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Answer OverviewBackground info
% welfare principle;
% CFA 2014 Residencecon!ac! and fa!"ers
#elfare C"ecklis!
$!"er %a!!ersConclusion
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Sample Question
!enry and endy are divorcing after a -ve year marriage. !enry earns /0 million pa withhis "usiness. !e has investments worth /12
million. They have a child of 4, for whomendy cares full time. $he complains he hadan a*air and that she has no -nancial assets.
3dvise endy.
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Answer Overview&n!ro
Discre!ion;
'(pes of $rders;
)eneral *rinciples of !"e law;
+.2, %CA
C"ildren
-eeds;
#"i!e Fairness;
%iller%cFarlane/ -eeds Comp +"aring;
%cCar!ne( v %ills %cCar!ne( 2003
Conclusion
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