Three lawfully and permanently settled residents of the UK challenged the Government's refusal to permit their husbands to join or remain with them on the basis of the 1980 immigration rules in force at the time. The rules applied stricter conditions for the granting of permission for husbands to join their wives than vice versa. These conditions did not apply to the wives of male permanent residents.
Mr. Johns, the appellant, and Ms. Chalmers, the respondent, began their relationship in 1972; it has become increasingly troubled, in part from the respondent's alcoholism, leading to Mr. Johns being charged with assault, of which he was later acquitted. Ms. Chalmers obtained an occupation order requiring Mr.
This Act provides that the Welsh Ministers must grant childcare funding for qualifying children of working parents. The Childcare Offer allows most working parents of three and four-year-old children to claim funds towards the cost of childcare for up to 30 hours a week, 48 weeks per year. The statute defines a qualifying child as a child located in Wales and within compulsory school age (Section 1.3), and empowers the Welsh Ministers to enact additional regulations further specifying the administration and qualifications under this Act. Sections 1.7; 2.
The Commission brought a charge against the United Kingdom for failing to fully implement the Directive 76/207. The Commission’s complaint is that the legislation enacted in the United Kingdom does not state that provisions contrary to equal treatment in any collective agreement will be void. The UK legislation also has an exception for private households and the practice of midwifery. The Court decided that the UK failed to meet its obligations under the treaty.
The House of Lords ruled that in domestic violence cases, no distinction should be made between married and unmarried couples and that the Domestic Violence and Matrimonial Proceedings Act 1976 s.1 gave jurisdiction to all county courts to grant an injunction and exclude a violent person from the home, whether married or not, irrespective of any property right vested in the person excluded. However, this exclusion should only be temporary until other arrangements have been made. Such an injunction can be permanent, but will in most cases be temporary.
This case held that the Domestic Violence and Matrimonial Proceedings Act of 1976 allows the court to issue an injunction against a man to order him out of the home, even in a non-marital joint tenancy.
DFT, or Detained Fast Track, involves the placement of asylum seekers in detention while the outcome of their claim is determined. The claimants identified numerous issues in the DFT system with respect to female asylum-seekers and asserted that “the [DFT] system as operated created an unacceptable risk of unfairness for asylum seekers” and especially for vulnerable populations. These populations include pregnant women and trafficked women, who may find the detention period traumatic and who are likely to present complex cases.
The Domestic Abuse Act (Scotland) of 2018 came into force on April 1, 2019. It modifies and expands upon portions of the Criminal Procedure (Scotland) Act of 1995. The act expands the definition of domestic abuse to include psychological abuse and coercive and controlling behavior. It criminalizes both psychological and physical harm directed to a partner or an ex-partner.
Scotland’s domestic abuse legislation came into force on April 1, 2019. The statute defines domestic abuse broadly, including both psychological (“fear, alarm and distress”) and physical harm directed to a partner or an ex-partner. See Section 1. The statute defines a “partner” as a spouse or civil partner, a person with whom one lives as a spouse, or person with whom one is in an “intimate personal relationship.” Section 11.2. Abuse is “violent, threatening, or intimidating” behavior that may consist of controlling a victim’s daily activities, causing
The Domestic Violence and Matrimonial Proceedings Act of 1976 allows women to obtain a court order against abusive husbands without the need for divorce or separation proceedings. In addition, women can obtain a court order to remove a co-inhabitant from matrimonial home, regardless of whether the co-inhabitant owns the home. Case law has extended this Act to cover joint tenancies outside of marriage. See Case Law Section below.
