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    Sarah and Tony are married in 1999. Sarah tells Tony before getting married that, having had a difficult childhood, she doesn’t really want to have any children of her own. Tony reassures Sarah that he doesn’t mind. In 2001, Sarah has a brief fling with a work colleague, Hamish, which she immediately regrets. Soon afterwards, she discovers that she is pregnant; she isn’t sure whether the father is Tony or Hamish. She convinces herself that Tony is most likely to be the father. Hamish moves out of the area and does not know of the pregnancy. Sarah doesn’t want to jeopardise her marriage and says nothing of her affair. Baby David is born in December 2001 and duly registered as Sarah and Tony’s son.

    Hamish is back visiting the area in October 2011 and by chance bumps into Sarah and David who are out shopping. Hamish notices that David, like him, had very striking fiery red hair. He asks Sarah the child’s age. Sarah becomes flustered and Hamish immediately puts two and two together and asks to talk to Sarah in private. Sarah refuses and tries to rush away, but Hamish begins to engage David in a conversation about football. Sarah tells David to come with her. When he doesn’t move, Sarah loses her temper and pulls David’s arm sharply, causing him to fall over and graze his knees badly on the pavement. These events are witnessed by two passers by who are so shocked they go to look for a police officer.

    Sarah hurries off home with David and tearfully tells Tony what has just happened, admitting her affair several years earlier. Tony does not appear particularly surprised, and admits to Sarah that he has been keeping a secret too: he is in fact registered as female, having displayed signs of both sexes at birth. He tells her that while growing up, he had always felt male, and he had eventually undergone gender reassignment surgery in 1996. This had been very successful, but he knew he would always be infertile and could never have fathered a child. He is embarrassed about his history and thought there was no need to tell Sarah about it if she didn’t want children anyway. He apologises to Sarah and tells her that he has always looked on David as his son and still wants them to be a family. A police officer appears at the door and cautions Sarah. She is taken in for questioning on suspicion of assault.

    Any help would be most appreciated. Thanks in advance.
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    This is a fabulous question! I look forward to following the answers on this one. I have a few thoughts but haven't studied family law in a while, I just need a starting point to kickstart my memory. Your tutorials must hint to applicable case law? What advice have you been given so far that we coud build upon?
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    (Original post by LegalEase)
    This is a fabulous question! I look forward to following the answers on this one. I have a few thoughts but haven't studied family law in a while, I just need a starting point to kickstart my memory. Your tutorials must hint to applicable case law? What advice have you been given so far that we coud build upon?


    Well the first issue i am looking at is the status of Sarah and Tony's marriage.
    Is their marriage legal/void becauseTony is registered as a female.

    Gender recog Act 2004

    Matrimonial Act

    Then i will be looking at the possible assault against david by his mother.

    Lastly the paternity of David, and father's rights.

    This is what i have got so far, but not sure if im right or have i missed some important stuff out?

    Thankyou.
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    Can anyone help?
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    I've got this thread on my watch list. I'm doing family law written exam a few weeks. But am focusing on company law at the minute. I'll have a comprehensive answer in a few days.

    Early thoughts though are that the marriage is legally valid as long as he has the gender reassignment certificate after the surgery that states he is a male (see s9 Gender Recognition Act 2004). His surgery was done before the marriage took place, so the chronology of the events mean the marriage is valid. With that certificate, he would have married legally married her as a male. Without that certificate, he would have married her as a female, which is forbidden under s1 of the Marriage Act 1949.

    Obviously if his surgery had taken place after their marriage in 1999, the marriage would have been immediately void as marriage can only take place between a male and a female.

    The other two issues I'm not able to deal with off-by heart.
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    Thanks for all your messages.

    But could anyone help with the second and third part of the question?

    It is most appreciated.
 
 
 
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