Abstract

Abstract This Bill of twenty-seven clauses and seven schedules will considerably improve and rationalize two related and important areas of family law which are long overdue for reform, namely the provision of protection for family members against domestic violence and the regulation of the right to occupy the family home. 1 Largely, but not entirely, it gives effect to the recommendations of the Law Commission in its report on Family Law, Domestic Violence and Occupation of the Family Home (Law Com. No. 207). The current plethora of legislation (i.e. the Domestic Violence and Matrimonial Proceedings Act 1976, the Domestic Proceedings and Magistrates ‘Courts Act 1978, ss. 16–18 and the Matrimonial Homes Act 1983) dealing with these major social problems, will be repealed and replaced by a single set of consistent remedies. These remedies will be available in all courts having jurisdiction in family matters (clause 21), save that the magistrates’ court will not be able to hear an application involving any ...

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