Family Law Essay Example | Topics and Well Written Essays - 2000 words - 1

Family Law - Essay Example Maria and Homer are not married and in order to apply for a protective order Part IV of the FLA Maria will have to come within the definition of â€Å"associated persons† as prescribed by the FLA (A Diduck., & F Kaganas., 2006). Section 62 of the FLA defines â€Å"associated persons† and section 62(3) expressly includes cohabitants within the definition of â€Å"associated persons†. Furthermore, section 62(1) (a) of the FLA defines â€Å"cohabitants† as being â€Å"a man and woman who, although not married to each other, are living together as husband and wife†, which is ultimately a question of fact (S Gore., 2007). If we apply this by analogy to Maria’s position, although Maria theoretically had a separate bedroom and in practice financially contributed to the bills and food, she did not pay rent as a lodger. Moreover, Maria and Homer had been dating for just over a year, had a sexual relationship, frequently slept together and shared a social life as a couple. As such, the factual circumstances clearly operate in Maria’s favour to indicate that she and Homer were both â€Å"cohabitants† for the purpose of falling under the FLA definition of â€Å"associated persons,† which leads us to consider the potential protective remedies available to Maria against Homer under the FLA. It is important to note at the outset that if Maria decides to seek relief under Part IV of the FLA, she can do so in as little as two days and in emergency situations, Section 45(1) of the FLA enables courts to make a non-molestation or occupation order without notice. At this stage, Homer would have no opportunity to reply to Maria’s application, however he would have an opportunity as soon â€Å"just and convenient† at a full hearing (Section 45(3)). Such ex-parte applications are determined with regard to the circumstances of the case, including an assessment of the risk of