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ulaw lecture 5 family law
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completed ulaw lecture 5 of family law module on the private law of children and the rights of a child.
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FAMILY LAWLARGE GROUP 5
Student Guide
Private Children Law: The Rights of the Child
Context
You have considered the powers of the courts to regulate arrangements for children
if they are not agreed between the child’s parents and the principles which govern
the court’s decisions when exercising those powers. In this unit you will build on this
knowledge and consider the nature of parental responsibility in more detail and the
limitations on its exercise.
As you have seen, there has been a significant shift from treating children as passive
participants in family proceedings, to regarding them as people in their own right with
an active role to play in the decisions that affect them. Baroness Hale stated in Re
LC (Children) (Reunite International Child Abduction Centre intervening) [2014]
UKSC 1 ‘there is increasing recognition of children as people with a part to play in
their own lives, rather than as passive recipients of their parents’ decisions.’
As a result of this change here has been much academic and professional debate
about the nature of children’s rights and how they fit with the welfare principle. You
will examine the extent to which children can now be said to have rights and the
limitations on these rights in English law.
Outcomes
By the end of this Large Group 5 you should be able to:
1. Describe the nature of parental responsibility and limitations on its exercise.
2. Differentiate theories on the rights of the child.
3. Describe the extent of and limitations on the rights of children especially in the
area of medical treatment.
, 1. Parental Responsibility
1.1 What is parental responsibility?
s3(1) Children Act
“parental responsibility” means all the rights, duties, powers, responsibilities
and authority which by law a parent of a child has in relation to the child and
his property.
Moving from parental rights to parental responsibility
Decisions covered by PR: medical decisions, educational,
1.2 Who can exercise parental responsibility?
s2(7) Where more than one person has parental responsibility for a child, each of
them may act alone and without the other (or others) in meeting that responsibility;
but nothing in this Part shall be taken to affect the operation of any enactment which
requires the consent of more than one person in a matter affecting the child.
s2(8) The fact that a person has parental responsibility for a child shall not entitle
him to act in any way which would be incompatible with any order made with respect
to the child under this Act.
1.2 Duty to consult
Medical, abroad for longer periods of time
1.3.1 Change of name
s13 Children Act
-when child arrangement order in force there’s limit on how long
parent can take child out of jurisdiction but also The name cannot
change without consent of everyone with PR
Re C (Minors) (Change of surname) [1997] 3FCR 310
Reinforces that parent with PR should be consulted of potential name
change but also parent without PR should also be consulted
If no child arrangement order- there must be a s8 application (specific
issue order/prohibited sex order-potentially) to court
If application to court- it must have an application to the welfare
principle and the welfare checklist-both relevant
And factors in case Re W
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