13366077
Description
Flashcards by monique sherman, updated more than 1 year ago
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Created by monique sherman
over 6 years ago
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| Question | Answer |
| what section is the welfare principle? | s 1(children's act 1989) |
| what does the welfare principle govern? | the upbringing and the property of a child |
| what section governs the presumption of involvement | s1 inserted by s11 of the children and families act 2014 |
| what did Munby say in relation to the welfare principle in Re G | an evaluation of a child best interest involves a welfare appraisal in the widest sense, taking into account a range of ethical, moral, religious, emotional and welfare considerations |
| what is the meaning of welfare | it must be looked from a holistic approach |
| what is the meaning of paramount and case? | child comes first before any other consideration J v C - the course to be followed will be that which is most in the interests of the child's welfare. the child is the sole consideration |
| what section is the statutory checklist? | s1(3) |
| principle in Re B in relation to statutory checklist | only in exceptional circumstances will the court disregard the wishes of a teenager |
| what is the no order principle? | s1(5) an order should not be made unless doing so would be better for the child than making no order at all |
| what is the no delay principle? | s1(2) and delay in determining the question is likely to prejudice the welfare of the child |
| principle in Re C | sets out the importance of these 3 principles when granting a section 8 order - welfare principles delay principle statutory checklist |
| what if there is more than one child to a dispute? | Birmingham city council v H - a 14 year old girl who had a baby. the court held that it is the child of the application who welfare we consider Re s - siblings - the siblings should be looked at separately, not as a unit. one boy moved country, the other stayed. |
| what section defines PR? | s3(1) |
| what does the family justice review define PR as | - providing a home - naming the child - having contact - protecting and maintaining the child - consenting to blood tests - allowing the child to be interviewed - agreeing to adoption -agreeing to a child's change of surname - consenting to medical treatment |
| can a parent with PR act alone? | s2(7) a parent will PR can act alone however there are exceptions |
| what are the exceptions to acting alone in relation to PR? | - adoption - removing the child for more than one month - change of surname marriage |
| name cases which demonstrate when a decision would be fundamental to the child | - Re G - boarding school - court held - any decision that will have a long effect - Re J - circumcision - was seen as a fundamental decision |
| what case states that the parent with whom the child lives is to have the power to decide day to day issues | Re P |
| who has automatic PR? | mother |
| how does a father gain PR? | - married - s2 - registered on the birth certificate - s4 - PR agreement - order from the court - named in a CAO - s12 - appointed guardian - s5 adopted the child |
| what case sets out the conditions for granting PR | RE H - consider the fathers commitment - the attachment that exists between father and child reason for the father applying |
| what does Re c state in relation to granting PR? | PR was granted despite the mothers hostility to fathers involvement. was the association between the parties SUFFICIENTLY ENDURING and has the father by CONDUCT DURING AND SINCE the application shown SUFFICIENT COMMITMENT to justify legal status |
| which case states that you must look further than Re H | Re H - Father had been violent - PR refused BUTLER - SLOSS the 3 requirements are an important starting point but are not the only factors. even if the 3 factors are satisfied, the court has a duty to apply the paramountcy test (child's welfare) |
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