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Family Law

Carole and Howard had been married for 13 years however the relationship broke down and the couple separated. Both parties had been unfaithful however, Howard wished to “take the hit” and Carole brought the petition against him. The decree nisi had been granted but no decree absolute.
Three months later, Carole had met Joe who she believed was her true love and they moved into the matrimonial home together.
Carole had 3 children while in a relationship with Howard, these are Tony, Steve and Garfield who were four, six and twelve at the time of moving in with Joe. These children were conceived using a sperm donor.
Joe and Carole have been cohabiting for 22 months now and Carole has noticed that Joe is a heavy drinker. When he drinks, he looks at the messages on her phone and stops her from calling her family and friends. He often drinks for days at a time. His drinking has often caused arguments and Joe has on one occasion hit Carole. Garfield has witnessed Joe hitting Carole and secretly informed his father (Howard via WhatsApp).
When Carole and Joe got together, Howard refused to pay child support saying that “they’re not my kids anyway”. This led Carole to sever all communication with Howard, including the weekly meetings he was having with the children over Skype and in the local park. In an attempt to stop Howard seeing the children, Carole has arranged for the children to go to stay with Joe’s family over the summer holidays. There has been an agreement since the couple separated that the children would spend 50% of their time with Carole and 50% with Howard over summer. However, with Carole sending them to Joe’s parents, Howard will not see them at all. This led Howard to threaten to take the children out of school and leave the country with them.
Those involved have agreed to negotiate and hope to reach an agreement on these issues.
Brief:
• You will be split into groups of two.
• One person will represent Carole.
• One person will represent Howard.
• You should review the information provided above as well as the supporting documents in your pack.
• The time allotted is 30 minutes. This will allow each person 10 minutes to outline their arguments and then 10 minutes for a negotiation and questions.
You must provide supporting documents for your arguments of no more than 2500 words in length. This must be submitted via Turnitin prior to the negotiation taking place. The supporting documents need to be fully referenced (OSCOLA). Supporting documents should include a summary of the facts of the case, the objectives of the negotiation and any non-negotiable points as well as any relevant applicable law.

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