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Leaving Cert Home Ec - > Family Law > Flashcards

Flashcards in Family Law Deck (34)
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1
Q

What is maintenance

A

A financial support paid by a person for the benefit of a dependent child/children or spouse/civil partner

2
Q

Under the Family Law (Maintenance of spouses an children) Act 1976, is a relationship breaks down, maintenance must be paid to who

A

Dependent spouse/civil partner

Parent with custody of children

3
Q

Who are children who are considered dependent

A

Under 18
Under 23 in full time education
Disabled

4
Q

How is amount paid in maintenance decided

A

Agree between parents/partners

If no agreement is made, district court will outline maintenance to be paid depending on individual case

5
Q

What does Family Home Protection Act 1976 protect

A

Family home from being sold, mortgaged, leased or transferred without both civil partners/spouses consent, regardless of who owns the home

If withhold of consent is unreasonable, court can dismiss this

6
Q

What is domestic violence

A

Any form of physical, sexual or psychological violence that puts the safety or welfare of a person at risk

7
Q

Who does the Domestic Violence Act 1996 protect

A

People living in domestic relationships eg spouses, civil partner, cohabiting couples, parents, children, housemates

8
Q

What is a safety order

A

A warning
Prevents alleged offender from commuting further violence or threats against applicant and dependents

They are not required to leave the family home

9
Q

What is a barring order

A

Alleged offender must leave the family home for a specific amount of time outlines by the court

They are prohibited from watching or being near the applicants home

10
Q

What is a protection order

A

Temporary safety order

While applicant waits for district court to hear their case

11
Q

What happens when safety order or barring order is breached

A

Garda can arrest and is a criminal offence sentenable by prison

12
Q

Three orders that could be given to applicant of domestic violence

A

Safety order
Barring order
Protection order

13
Q

Who enforces the Childcare Act 1991

A

Garda Síochána and the Child and Family Agency (Tulsa)

14
Q

When do Tulsa have the power to intervene

A

If they fear for child’s safety eg risk of abuse, inadequate care

When they apply to courts for care order or supervision order

15
Q

What is a care order

A

Removal of child from family home into care

16
Q

Two types of care order

A

Emergency care order (max of 8 days)

Standard care order (may last until 18years old)

17
Q

What is supervision order

A

Tulsa staff viist a child in their home periodically to monitor health and welfare for a max of 12 months

18
Q

What is a will

A

A witnessed document that sets out in writing the deceased wishes for his or her estate after death

19
Q

Who is person making will

A

Testator

20
Q

Who is person making sure wishes from will are carried out

A

Executor

21
Q

Who are people receiving inheritance

A

Beneficiaries

22
Q

Why is making a will important (advantages of making a will)

A

Ensures wishes of testator carried out - peace of mind, avoids conflict
Ensures executor is appointed
Guardians or trustees are there for children
Raise testators awareness of capital acquisition tax

23
Q

Inheritance tax cut off point

A

Up to €335,000 tax free

24
Q

Inheritance tax % after cut off limit

A

33%

25
Q

Act for when someone dies and doesn’t make a will

A

Succession act 1963

26
Q

No children are alive, spouse is, how much do they recivee

A

All

27
Q

Both spouses and children alive. How is it split

A

2/3 spouse

1/3 kids

28
Q

Only kids alive

A

All to kids

29
Q

No living kids or spouse. Where does estate go

A

Parents
If they’re dead siblings
If they’re dead next of blood family

30
Q

Procedure for making will

A

Employ solicitor (legal advisements, aware of tax)
List all assets
Appoint an executor (min 2)
List beneficiaries (addresses, names, contact)
Divide estate (with remembrance of tax)
Outline funeral arrangements
Validate will (sign by testator and two witnesses who are not beneficiaries)
Store in safe place
Review if needed eg divorce

31
Q

Law for maintenance

A

Family Law (Maintenance of spouses and children) Act 1976

32
Q

Law for home protection

A

Family Home Protection Act 1976

33
Q

Law for domestic violence

A

Domestic Violence Act 1996

34
Q

Law for protection of children

A

Childcare Act 1991 - Links with Children First Act 2015