CHAPTER ONE – NON-MOLESTATION ORDERS 1.1 What is Molestation? ‘Molestation’ is not defined in the Family Law Act 1996 (‘FLA 1996’). In Vaughan v Vaughan [1973] 1 WLR 1159, CA the Court considered the meaning of molestation as synonymous with the word ‘pester’ which includes behaviour ‘to cause trouble; to […]
CHAPTER ONE – RELATIONSHIPS ENTERED INTO ABROAD Formal requirements: marriage Preparing for a “wedcation” requires more than simply packing a suitcase. The requirements for British nationals who wish to marry in other jurisdictions differ significantly from country to country. A breakdown by each individual country can be found on the website […]
CHAPTER ONE – GETTING THE MENTAL CAPACITY ACT RIGHT Let’s start with this: the single most important thing about deprivation of liberty is getting the Mental Capacity Act (MCA) right[1]. In my experience, when an organisation gets into trouble over a deprivation of liberty issue it is rarely due to […]
CHAPTER ONE CAPACITY: WHEN DOES ONE BECOME “P”? Capacity is key when making an application to the Court of Protection. This is because the Court of Protection will only consider cases where the person involved has, on the balance of probabilities, lost the capacity to make the decision in question. […]
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