Jake and Vicky Law Case Study

Question 1 

“There is much to be said for the flexibility and sensitivity of the English law of financial relief (after decree of divorce or nullity). It avoids the straitjacket of rigid rules which can apply harshly or unfairly in an individual case. But it should not be too flexible. It must try to achieve some consistency and predictability.” (Lady Hale). 

Explain and evaluate this statement. 

 Question 2 

Jake and Vicky are both in their mid-twenties and got engaged after dating for several years. The week before their wedding, Vicky discovered that her biological father was not the man she had always called Dad, and that she and Jake were in fact first cousins. When Jake heard this he was not at all concerned, but it made Vicky very uncomfortable. Vicky told her mother that she now wanted to call off the wedding, but her mother cried and pleaded with her to reconsider. She said that if she did this, the whole town would find out that she’d had an affair with Jake’s uncle, and the shock might kill Vicky’s elderly grandmother. 

Vicky reluctantly went through with the wedding two months ago. The ceremony was carried out at their local Registry office, and all of the required marriage and pre- marriage formalities were complied with. Unfortunately, at the reception afterwards Jake got very drunk, kissed one of the bridesmaids, vomited on the toddler flower girl and finally fell downstairs breaking both legs. As a result, Jake spent two weeks in hospital and the wedding was not consummated. Several weeks after Jake came home, Vicky did make an effort to instigate sex with Jake, but he complained that he was still too sore and wasn’t ready yet. 

Vicky later discovered that Jake had been sending text messages to the bridesmaid whom he kissed, telling her how beautiful she is and how much he wished that he was with her instead of “my ugly troll wife”. Vicky now no longer wishes to be married to Jake. 

Advise Vicky on the status of her marriage, and any options which she may have for ending it. 

 Question 3 

Five years ago, Rohan moved in with Sam, in his two-bedroom apartment. Sam is the sole legal registered owner and Rohan has never contributed financially to the running of the household. 

Sam has suffered from depression and erratic behaviour for a number of years. In the last 12 months, these have become more common and Sam has started to become violent. Rohan has visited the hospital emergency department three times in the last two months, with two broken ribs, bruising and a dislocated wrist. She told the doctors that she was attacked by Sam. 

When Sam calms down, he always says he is sorry and ashamed. He always promises that he will never do it again and wants to change. 

Advise Rohan on what steps she can take to be protected from further abuse and to ensure she remains in the house. 

How would your answer differ, if at all, if Sam and Rohan jointly owned the house? 

 PART B 

Question 4 

“Parents, both those who have primary care and those who seek to spend time with their child, have a responsibility to do their best to meet their child’s needs in relation to the provision of contact, just as they do in every other regard. It is not, at face value acceptable for a parent to shirk that responsibility and simply say “no” to reasonable strategies designed to improve the situation in this regard.” (Sir Andrew McFarlane P) 

In the light of this statement assess how the Children Act 1989 (as amended) and the courts in decided cases seek to ensure contact between children and their parents. 

 Question 5 

Kulvinder, aged 14, was adopted shortly after his birth by Shalini and Tarun. No arrangements for birth family contact were made at the time of the adoption. Two years ago Kulvinder received a message via Facebook from Vinod, who claimed to be and is Kulvinder’s natural father. Without Shalini and Tarun’s knowledge Kulvinder has been meeting with Vinod and they have become very close. 

Kulvinder has told Shalini and Tarun that he would like to move in with Vinod, who lives 40 miles away. Vinod strongly supports this proposal but Shalini and Tarun are completely opposed to it. They claim that Vinod has deliberately brought about Kulvinder’s rejection of his settled home life. They also claim that Vinod’s lifestyle renders him totally unsuitable to look after Kulvinder as he lives on his own and works long hours. They also feel that Kulvinder is at a crucial stage in his education and that they are best able to meet his needs. Kulvinder has made it clear that if he is not allowed to live with Vinod, he will run away. 

 Question 6 

“The concept of the child’s welfare is notoriously vague, leaving considerable discretion in the hands of individual judges as to what they consider to be in the child’s best interests.” (Harris-Short) 

Analyse this statement in the light of section 1 of the Children Act 1989 (as amended) and as interpreted in key cases.