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Family Law and Practice WS13 D2
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Family Law and Practice WS13 D2
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LEGAL PRACTICE COURSEFamily Law
Workshop 13
SCOTT BARBER CASE STUDY: Suggested Answers
a) What factors will the court consider in Scott’s case when deciding whether to grant his
application for parental responsibility?
Application for a parental responsibility order is made under s.4 CA 1989
The court will consider the welfare/paramountcy principle s1 CA “the child’s welfare is the
court’s paramount consideration” i.e. best interests of the child for the unmarried father to
have PR.
The court will also consider the ‘no order’ principle s1(5) CA, although as there is a dispute it
will be necessary to intervene.
Applicant needs to satisfy the court on the balance of probabilities that he is the father of the
child.
The court will look for:
evidence of father’s commitment;
father’s degree of attachment to the child; and
reasons for application.
The court can make a PR order to give the father a recognised legal status, irrespective of
mother’s hostility or court’s refusal to grant contact order.
Scott claims his son is happy to see him. Therefore Ronan is demonstrating attachment.
Scott is committed to his son. He has persevered in the face of the mother’s opposition
(telephone, letters and personal attendance at property).
Scott is also attached to his son.
Scott is making the application as a last resort. He feels that he has no other options and
would like to be involved in Ronan’s life.
b) Is there anything you would advise Scott to add to his statement? Give your reasons.
The court will consider the Welfare Checklist when determining the s8 order application for
contact.
The Welfare Checklist indicates that the court may consider any harm the child has suffered
or is at risk of suffering. Means emotional and psychological harm as well as physical harm.
Generally the courts will take a dim view of bringing the child into contact with criminal
activities.
Scott will need to convince the court that any criminal activities are in the past and that he is
now reformed and will not lapse into criminal ways.
It would be prudent to put something to this effect in his statement as Sally has clearly
referred to it and may well bring it up at a hearing on Scott’s applications. It would be better
to pre-empt her opposition.
c) What will be your advice to Scott about how his case will be funded?
He will have to pay privately – legal aid is only available in very limited circumstances (e.g.
domestic violence). As such, he may wish to resolve the matter via mediation in order to
keep costs down.
d) Explain Scott’s financial obligations towards Ronan. How will these be enforced?
Under CSA 1991 Ronan is ‘qualifying child’ s.3(1)
The provisions of the Act apply to him as he is under 16 years old
Scott is the absent/non-resident parent. He does not deny paternity.
As Scott is in receipt of income-based JSA his calculation will come under the flat-rate which
is currently £5.00. Alternatively, he could enter into a private maintenance agreement.
© City, University of London 2019 1/2 docs_379109344.docx
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