Discussion Topic:

Carl and Gail have been married for eight (8) years. They jointly own a three-bedroomed house worth 450,000. They have one child, Julia aged seven (7).

Gail gave up her successful job as a successful accountant to look after Julia. Carl works as a successful lawyer and earns 250,000 a year. The couple also own a cottage that Gail inherited from her mother before she and Carl met but she rents this cottage out to pay for Julia's school fees.

In the last two (2) years Carl and Gail's relationship has changed in that Carl decides everything for Gail; from what sheis allowed towear to what she can do and to whom she can talk. Gail loves Carl and wants to please him. She tries very hard, but Carl always finds fault and punishes her. He is often violent to Gail, pushing her down the stairs, hitting her, and on one occasion he broke her arm: she never reported it to anyone, as she was very embarrassed.

In recent weeks Carl has become even angrier and has taken his frustration out on Julia ona number ofoccasions, shaking her violently. Gail cannot afford to move out as Carl controls the spending of the household income and she wants to stay with Julia in the house. Gail has had enough and wants to divorce Carl in the long term and wants him out of the house, so that she and Julia can live in peace.

To taunt her one night, Carl comes home drunk and starts banging on the bedroom door. When Gail threatens him with the police, he shouts that he will come back later and 'finish them all off.' Gail is now extremely frightened. She wants the violence to stop immediately and then to divorce Carl, but she is worried that the court will award himall ofthe marital property and as she has no job,she is worried that her and Julia will be left destitute.

In the light of the above consider the following for discussion:

1. Advise Gail on how family law can assist her in the short term with regards to Carl's violence and threats against her and their daughter, Julia.

2. If Gail chooses to divorce Carlon the basis oftheir marriage having irretrievably broken down due to his unreasonable behaviour, how might the court redistribute the marital property?

Response Post:

Julia's Child Support and Carl's obligation:

Ferguson emphasises the primary focus in child support disputes as the allocation of the burden of supporting children. ^[1] In contrast, Krause argues that this responsibility should be divided between society and parents. ^[2] However, the Government assigns the burden to parents and views the state's role as a supportive tool. ^[3]

Julia's financial support

Wikeley asserts that children possess an inherent entitlement to receive the essential financial assistance required for their basic needs such as food and clothing. ^[4] Additionally, the UNCRC mandates that member states must undertake all necessary actions to ensure the retrieval of child maintenance from parents. ^[5] It is important to bear in mind that child welfare is a significant consideration. ^[6] The court has a responsibility to ensure that the child is adequately housed. ^[7]

In Dickson v Rennie (2014), it was determined that the child should be raised in a manner that is somewhat consistent with the non-resident parent. ^[8] However, there are limitations to this. ^[9] When awarding child support, the court should be cautious of granting an award that primarily benefits the resident parent rather than the child. ^[10]

Herring emphasises the importance of prioritising child support before addressing spousal support in court proceedings. ^{[11] [12]} On the other hand, Eekelaar argues that the non-resident parent should be responsible for providing child support, while the resident parent (typically mothers) contribute through childcare and time effort. ^[13] (see, e.g. GR v CMEC (2011)). ^[14] However, if childcare responsibilities are shared between the resident and non-resident parent, the amount of support for the child may vary accordingly. ^{[15] [16]}

It should be emphasised that a parent is solely responsible for supporting their child until they reach adulthood. ^[17] Since Julia is below the age of 16, a claim can be made under section 55 of the CSA 1991. ^[18] Julia is Carl and Gail's daughter, falling under section 3(1)(a). ^[19] According to section 3(2)(a) CSA 1991, ^[20] Julia resides with a relative carer, making Gail eligible under the conditions outlined in section 3(3) CSA 1991. ^{[21] [22] [23]}

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Footnotes

^{[1] Lisa Ferguson (2008) 'Family, social inequalities and the persuasive force of interpersonal obligation', International Journal of Law, Policy and the Family 22: 61.}

^{[2] Krause, H. (1994) 'Child support reassessed: limits of private responsibility and the public interest', in J. Eekelaar and M. Maclean (eds) A Reader on Family Law, Oxford: OUP.}

^{[3] Department of Social Security (2000) Children's Rights and Parents' Responsibilities, London: DSS.}

^{[4] Wikeley, N. (2006a) 'Child support - back to the drawing board', Family Law 36: 312, in Jonathan Herring, Family Law (10th edn , Pearson 2020).}

^{[5] United Nation Convention on the Rights of the Child, Art.27.}

^{[6] Re P (A Child)( Financial Provision) [2003] EWCA Civ 837; FG v MBW (Financial Remedy for Child) [2011] EWHC 1729.}

^{[7] M v B (Ancillary Proceedings : Lump Sum) [1998] 1FLR 53, [1998] 1 FCR 213.}

^{[8] [2014] EWHC 4306 (Fam). See also J v C (Child: Financial Provision) [1999] 1 FLR 152.}

^{[9] GN v MA (Child Maintenance: Children Act Sch 1) [2015] EWHC 3939 (Fam).}

^{[10] Re P (A Child) (Financial Provision) [203] 2 FCR 481.}

^{[11] Jonathan Herring, Family Law (10th edn, Pearson 2020) 212.}

^{[12] Jonathan Herring, Family Law (10th edn, Pearson 2020) 214.Herring provides a list of options for child support and this list includes: subsistence costs, acceptable costs, expected lifestyle costs, actual expenditure, cost-effective level and equality of household}

^{[13] John Eekelaar, J. (1991b) 'Are parents morally obliged to care for their children?' Oxford Journal of Legal Studies 11: 51.}

^{[14] [2011] UKUT 101 (AAC).}

^{[15] MR v Secretary of State for Work & Pensions [2018] UKUT 340 (AAC).}

^{[16] Herring (n 11). Nevertheless, Herring highlights that there should be no distinction between married and unmarried parents when determining child support.}

^{[17] Re N (A Child) (Payments for Benefits of Child) [2009] 1 FCR 606.}

^{[18] CSA 1991, s. 55.}

^{[19] CSA 1991,s 3(1) (a).}

^{[20] CSA 1991, s 3(2)(a).}

^{[21] CSA 1991, s 3(3).}

^{[22] CSA 1991, s 54.The CSA imposes legal obligations on biological parents, excluding stepparents.}

^{[23] It is important to mention that in the past, child support was governed by the Child Support Act of 1991. However, currently, child support is regulated by the Child Maintenance and Other Payments Act of 2008. Under this act, the Child Maintenance Agency was established with the objective of recovering child maintenance from non-resident parents.}

Respond to the above response post using OSCOLA referencing for the primary and secondary sources.