This is a diagram of all modules involved in Family Law with their respective information. Please bare in mind this contains the basics and a bit more information.
s1(1)CA 1989
S41 HFEA - any man who donates sperm is Legal Parenthood - S2 CA - mother has parental (1) When a court determines any question with respect to
not the legal father most of the time has a Unit 1 responsibility
Unit 2 (a) The upbringing of a child
S35 HFEA - mother’s husband is legal father biological connection S4 CA - acquisition of parental (b) The administration of a child’s property r the
even if no biological connection responsibility by a father application of any income arising from it, the child’s
S42 HFEA - mother’s wife/civil partner is not welfare shall be the court’s paramount consideration
a legal mother R (on app McConnell)
S36 HFEA - nominated man can be legal Re Agar-Ellis Re H (Paternity: Blood Re Z (Parental
father (ie roommate) R H (Minors) [1991] - Tests) a child has a right to order) [2015] - Court considerations on s8 application Welfare checklist
S43 HFEA - nominated women as a legal Parental Responsibility know the truth regarding parental orders s1(1) welfare principle (a) wishes and feelings of the child
parent (same sex- couples) Whittington v XX - genetic parents have a time limit s1(3) welfare checklist (parental (considering their age and
s54&54A - transfer of parental responsibility Commercial surrogacy responsibility does not require welfare understanding)
to commissioning parents checklist) (b) their physical, emotional, and
It is common for the court to s1(2A)&(2B) - parental involvement educational needs
X (Surrogacy Time presumption (c) the likely effect on them of any
S33 HFEA 2008 - the authorise payments made
limit) - applying s1(5) - no order principle change in their circumstances
Parental responsibility - Has legal authority woman who carries the in surrogacy arrangements
outside of time limit (d) their age, sex, background, and an
to make decisions about a child’s upbringing child is the mother of in spite of s54(8) (Re X&Y
specified in s54(3) other characteristics
(s3(1) CA 1989) the child (Foreign Surrogacy))
HFEA S8 Orders (e) any harm which they have suffered
Child arrangement Order or is at risk of suffering
- Who a child live, spend time, or (f) how capable each of their parents
otherwise have contact of meeting their needs
Prohibited Steps Order (g) the range of powers available to th
Sch 2 sets out services that can be S47 Duty to court
provided - advice, guidance, counselling, - No steps could be taken by a
investigate Adoption of a child can
activities, cash, home help (all to keep parent in meeting parental
the child with their parents)
S31 threshold involve; care order, Unit 9 responsibility without consent of the
criteria for CO/SO placement order, and court (ie taking them abroad) Removal of a child - civil
an adoption order Specific Issue Order jurisdiction (s13 CA 1989);
- giving directions for the purpose of criminal jurisdiction (Child
S17 CA 1989 - determining a specific question
S20 duty to provide Accomodation Abduction Act 1984)
local authority
needs to (only with parental consent)
s1(4) court of adoption agency
safeguard must have regard to certain O
welfare of matters within this section
children and G
s17(10)&(11) - a child in need
Unit 8 I
promote the
upbringing of s47(1) an adoption order may not B
that child s21(1) - placement orders be made if the children has a
through their Lesser threshold test for EPO and ICO (s44) s21(3) - Court can only make a parent or guardian unless (4) (ii)
services placement order if these are satisfied the child was placed under a
placement order and (c) no
parent or guardian opposes the
s1(2) child’s welfare is paramount
making of the order F
Unit 7
Sole Name
A home in joint names: Joint Common intention constructive Unit 6 s22-24F MCA 1973 court orders:
tenants; Tenants in common trusts: Income
(Express trusts=conclusive; no 1. Common intention to share ● Maintenance pending suit
express trust= quantify the ownership (Actual agreement; ○ Regular payments of income from one person to the other up until a certain point
shares, principles in Stack v inferred from conduct) in the divorce proceedings
Dowden and Jones v Kernott) 2. Quantify shaes If the parties can stand on their ○ Iif the applicant is in financial difficulties, the court can make a short term/interim S12 MCA
Resulting trusts from contributions own financially without having to order requiring the other to make regular payments until the end of the (a) that
Proprietary estoppel rely on the other, then it is a proceedings (b) that
clean break ● Periodical Payments cons
S15 and sch 1 CA 1989
○ One spouse makes payments to the other periodically at regular intervals (usually (c) that
Parents can apply, can
weekly or monthly) mista
make income orders,
Cohabitants do not have the right to ○ Aka maintenance, can be fixed term until they return to work for example (d) that
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