LAW ASSIGNMENT

Law assignment

Law assignment

Case scenario

Judi is 22 years old and has 4 children: Sasha (6 years old), Lily (4 years old), Shawn (2 years old), and Nathan (6 months old). Her partner, and the father of the children, is Marco who is 34 years old. They have been together since Judi was 14, and Marco was 26. Marco has a long standing alcohol problem and has been in and out of prison since he was 15 years old. He also smokes cannabis regularly. Judi has never had a job outside the home, as she has always been a full-time mother. Marco works occasionally, but finds it difficult to hold down a full-time job. He habitually resorts to crime and has served prison sentences, during the couple's relationship, for theft, assault and burglary. They live together in a three-bedroom council flat that is rented in their joint names. Social Services are aware of the family, partly because Judi was only 15 when she became pregnant with Sasha and 16 when she gave birth to her. Judi's mother ordered her to stay away from Marco, but Judi refused, and so her mother threw her out.

Advise Judi on the steps she can take to protect herself and the children, and in addition, what powers and duties the Local Authority have to protect the children. Discuss, with particular reference to case law, whether the law offers individuals sufficient protection from domestic abuse and whether it enables parents, Local Authorities and the courts to protect children adequately.

Part 1

Laws to Protect Judi and Children

Domestic Violence is a worldwide crime and occurs across cultures in every social grouping in society regardless of age, race, religion, gender or sexual orientation. It is a fundamental violation of the human rights of each and every victim whether male or female adult or child. Unfortunately, it is a feature of contemporary family life in Europe today. In the past domestic violence was accepted as a man's right but today it is seen more as a public policy issue and not just a private matter between husband and wife in their own home. It can be defined as abusive, violent behaviour by one or both partners in a close intimate relationship and it can be physical, sexual, emotional or psychological abuse.

The first legal remedy in UK was the Family Law (Maintenance of Spouses and Children) Act 1976. Prior to these victims of abuse had to depend on criminal law. This act was amended in 1981 to include protection orders. The legal remedy in UK at the moment is the Domestic Violence Act 1996 which came into operation in March of 96. This repealed the Family Law (Protection of Spouses and Children Act) 1981. This act deals with the civil and criminal aspects of domestic violence and protects all people in domestic relationships including cohabited and their children, dependent members of the family and it also protects parents from their abusive adult ...