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What is a Family?

Mind map: what is a family family law
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What is a Family?
Family Law concerns relations between;
- The individual and the State
- Child Protection
- Taxation
- Welfare
- Individuals
- Parent and Child
- Brother and Sister
- Husband and Wife
- Cohabitants
- The individual and the State
Aims of Family Law?
- Disputed
- To promote morality?
- Stability?
- Equality?
- Self-Determination or Fulfilment?
- Recognisation and Structure?
- Intervention or Respect Privacy?
Case Law
- Telfer & X & Y v Kellock
- Ms. Telfer died in car crash
- Caused by Kellock
- Family may sue in Solatium
- Ms. Telfer had been in a long term relationship with female partner (X)
- Ms. Telfer had daughter from previous marriage
- Partner also had son from previous marriage (Y)
- Who is allowed to sue in Solatium?
- Ms. Telfer's Partner? No
- X's son (Y)? Yes
- Who is allowed to sue in Solatium?
- Partner also had son from previous marriage (Y)
- Ms. Telfer had daughter from previous marriage
- Damages (Scotland) Act: Relatives
- "relative" includes spouse and child
- and (c) any person ... who was accepted by the deceased as a child of the family
- and (a) any person ... who was ... living with the deceased as husband & wife
- X was not Ms. Telfer's relative but X's son was for the purposes of the Act
- "relative" includes spouse and child
- "A clear picture of a loving, caring household of two adults and two children emerges" - Lady Smith
- Humanist "marriage"
- Joint tenancy
- Joint bank account
- Nominated next of kin
- Shared childcare duties
- Children considered each other brother and sister
- Ms. Telfer died in car crash
- Fitzpatrick v Stirling Housing Association
- Two men lived together
- As "husband and wife?"
- No - must be a man and a woman
- As a "family"
- Yes - degree of mutual interdependence, sharing of lives, caring and love, commitment and support
- same-sex partners
- As "husband and wife?"
- Inheritable tenancies
- Interpretation of "family" or "husband and wife"
- PRE-HRA 1998 APRROVAL
- Two men lived together
- Ghadian v Godin-Mendoza
- POST-HRA 1998 APPROVAL
- Two men lived together
- same-sex partners
- As "husband and wife"?
- Yes - ruling possible due to introduction of HRA 1998, such protections were available to unmarried couples, no reason to exclude same-sex couples
- "Homosexual couples can have exactly the same sort of inter-dependent couple relationship as heterosexuals can" - Baroness Hale
- As a "family"?
- Yes
- Yes - ruling possible due to introduction of HRA 1998, such protections were available to unmarried couples, no reason to exclude same-sex couples
- Burden & Burden v UK
- Two sisters lived as a stable cohabiting couple
- Ghadian recognised same-sex couples as being recognised as "husband and wife so why could they not?
- Relationship not "marriage-like"
- No discrimination
- Relationship not "marriage-like"
- Ghadian recognised same-sex couples as being recognised as "husband and wife so why could they not?
- Argued violation of Art.1 and Art.14 ECHR
- Two sisters lived as a stable cohabiting couple
- Telfer & X & Y v Kellock
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- Law (Comparative Scottish and English Family Law) Mind Map on What is a Family?, created by Ruaraidh Simpson on 27/03/2017.
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- Ruaraidh Simpson
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