Family law Problem question assignment
Summary :
Table of Contents
- Maria and Homer and the definition of ?associated persons? and cohabitants under the Family Law Act 1996.
- Court orders for Maria and how the advice would differ if Maria and Homer were married.
- Enforcement of orders.
- Conclusion.
Abstract
Maria and Homer are not married and in order to apply for a protective order Part IV of the FLA Maria will have to come within the definition of "associated persons" as prescribed by the FLA (A Diduck., & F Kaganas., 2006). Section 62 of the FLA defines "associated persons" and section 62(3) expressly includes cohabitants within the definition of "associated persons". Furthermore, section 62(1) (a) of the FLA defines "cohabitants" as being "a man and woman who, although not married to each other, are living together as husband and wife", which is ultimately a question of fact (S Gore., 2007).
Key Words: family law Act 1996, FLA, Non-Molestation Order, Occupation Order, Associated Persons, Domestic Violence, Cohabitation, The Domestic Violence, Crime and Victims Act 2004, Children Act 1989, Enforcement.
Key Words: family law Act 1996, FLA, Non-Molestation Order, Occupation Order, Associated Persons, Domestic Violence, Cohabitation, The Domestic Violence, Crime and Victims Act 2004, Children Act 1989, Enforcement.
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