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Summarised family law lpc notes
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Summarised family law lpc notes
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Children Act 1989S8 Orders:
Child Arrangements Order (CAO) (replacing residence & contact)
Prohibited Steps Order
Specific Issue Order
S4 – Parental Responsibility (PR)
S13 – Permission to change surname or remove from UK where “residence” CAO in place
The Welfare Principle
S1(1) Children Act (CA) 1989 rules that “when a court determines any question with respect to a)
the upbringing of a children; or b) the administration of a child’s property or the application of any
income arising from it – the child’s welfare shall be the court’s paramount consideration.”
J v C (1970) AC 668 determined “.. the child’s welfare.. is the first consideration because it rules upon
or determines the course to be followed.”
Delay is Bad Principle
S1(2)CA 1989 “In any proceedings in which any question with respect to the upbringing of a child
arises, the court shall have regard to the general principle that any delay in determining the
question is likely to prejudice the welfare of a child.”
S11 CA 1989 – re S8 orders, the court will “draw up a timetable with a view to determining the
question without delay.”
Timetable will be dealt with at the directions appointment & will deal with when statements are
filed, when any reports are to be submitted & when the case comes to trial
Parental Involvement
S1(2A) CA 1989
Presumption that a parent’s involvement will further a child’s welfare when making, varying or
discharging S8 order or a Parental Responsibility Order
Can be direct or indirect involvement & doesn’t indicate any particular division of time
Parents will not benefit from this provision if such involvement would put the child at risk of
suffering harm.
The Welfare Checklist
S1(3) CA 1989
Applies when making, varying or discharging a S8 order or a care/supervision order
a) The child’s ascertainable views
b) Child’s needs
c) The effect on the child of changing the status quo
d) Relevant characteristics of the child
, e) Actual or potential harm to the child
f) Capability of parents & others of meeting the child’s needs
g) The court’s range of powers
Court to look at actions rather than words
No Order Principle
S1(5) CA 1989
“… a court… shall not make the order.. unless it considers that doing so would be better than making
no order at all.”
Parental Responsibility (PR)
S(3)(1) CA 1989
“… all the rights, powers, responsibilities & authority which by law a parent of a child has in relation
to the child & his property.”
The person who child lives with has de facto control
Automatic Parental Responsibility at Birth
S2(1) Mother (includes women who give birth after treatment under HFEA, articular
insemination, embryo implantation and surrogate mother) – woman who physically gives
birth to child has PR.
S2(1) Father if married to the mother at time she gives birth (includes husband of HFEA
mother at time of her treatment unless he didn’t consent to treatment then no PR)
S42 HFEA 2008 – Second female parent (if she was a spouse/civil partner of HFEA mother at
time of her treatment unless she didn’t consent to it then no PR S2(1A)(a)).
See page 4 Lec notes for remainder
How does unmarried father acquire parental responsibility?
Father includes a man treated as father under the agreed fatherhood conditions at the time
of the treatment but not the spouse/civil partner at time of treatment/child’s birth – S36
HFEA 2008
By marrying the child’s mother
S4 CA 1989: by being registered as the child’s father on the birth certificate (after 2003) or
applying to have the birth re-registered S4(1)(a) CA 1989
By entering into a parental responsibility agreement with the mother (S4(1)(b))
By obtaining a parental responsibility order form the court ((S4(1)(c))
If the mother is opposed to PR (she doesn’t agree), apply to court on a C1 Form
Test in Re H (1991) Fam 151: commitment, attachment & motive
Plus S1(1) Welfare test + no order principle + presumption of parental involvement
NOT welfare checklist
If paternity disputed – get blood/DNA tests done, boidly sample can be taken from child
(under 16) if person with care & control consents or court orders it as being in child’s best
interests
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