Adults and Children

Question 1

In Scotland where can the definition a child be found?

Answer 1

Children (Scotland) Act 1995 S.1(2)

Question 2

In Scotland where can the definition a child be found?

Answer 2

Children (Scotland) Act 1995 S.1(2)

Question 3

In Scotland where can the age of legal capacity be found?

Answer 3

Age of Capacity (Scotland) Act S.1(1)

Question 4

In England where can the definition of a child be found?

Answer 4

Children Act 1989 S105.(1)

Question 5

What does the Children (Scotland) Act 1995 identify?

Answer 5

The responsibilities that parents have with regard to their children.

Question 6

In Scotland if a parent does not meet the requirements of the Children (Scotland) Act 1995 then what can happen?

Answer 6

The child can bring proceedings against their parents either themselves or can instruct a solicitor if they are under 16, under the Age of Capacity (Scotland) Act 1991.

Question 7

In England where can the definition of a child be found?

Answer 7

Children Act 1989 S105.(1)

Question 8

Which provision in Scotland details the responsibilities of parents?

Answer 8

Children (Scotland) Act 1995 S.1(1)

Question 9

Which provision in Scotland details the rights a parent has over their child?

Answer 9

Children (Scotland) Act 1995 S.2

Question 10

Which provision in England details the meaning of parental responsibility?

Answer 10

Children Act 1989 S.3

Question 11

Which provision in England details the meaning of parental responsibility?

Answer 11

Children Act 1989 S.3

Question 12

Which provision in England details the meaning of parental responsibility?

Answer 12

Children Act 1989 S.3

Question 13

When considering parental responsibilities and rights what 3 categories should be considered?

Answer 13

Automatic attribution of rights
Rights obtained by agreement
Rights obtained by court order

Question 14

Which provision in Scotland allows for a person to claim an interest in a child, in order to acquire parental rights and responsibilities?

Answer 14

Children (Scotland) Act 1995 S.11

Question 15

Who can apply for a Section 11 order for parental responsibility in Scotland?

Answer 15

Anyone who has an interest in the child.

Question 16

Which case granted a Section 11 order in Scotland, for a 14 year old wishing to seek contact with siblings?

Answer 16

E v. E 2004

Question 17

Which provision in Scotland allows for a person to claim an interest in a child, in order to acquire parental rights and responsibilities?

Answer 17

Children (Scotland) Act 1995 S.11

Question 18

In which English case was a parental rights order refused due to the father showing a lack of commitment to the children?

Answer 18

Re H(Minors) (Local Authority: Parental Responsibility) (No3) 1991

Question 19

In England can a step parent acquire parental responsibility and if so how?

Answer 19

Yes, under S.4 of the Children Act 1989

Question 20

Which provision contains the welfare principle in Scotland?

Answer 20

Children (Scotland) Act 1995 S.11(7)

Question 21

In Scotland what 3 orders can the court make?

Answer 21

Residence Order
Contact Order
Specific Issue Order

Question 22

In Scotland what 3 orders can the court make?

Answer 22

Residence Order
Contact Order
Specific Issue Order

Question 23

In which case was the father awarded contact with the child but the residence remained with the aunt and uncle, due to the child settling in and there being no clear differences between the girl and her cousin?

Answer 23

Breingan v. Jamieson 1993

Question 24

In which Scottish case was the father awarded contact with the child but the residence remained with the aunt and uncle, due to the child settling in and there being no clear differences between the girl and her cousin?

Answer 24

Breingan v. Jamieson 1993

Question 25

In which Scottish case was residence granted to the father, as he was affluent, and it was said that the background of the parents should be taken into consideration?

Answer 25

Brixey v. Lynas 1996

Question 26

In which Scottish case was residence granted to the father, as he was affluent, and it was said that the background of the parents should be taken into consideration?

Answer 26

Brixey v. Lynas 1996

Question 27

In which Scottish case was it decided that the third child should live with her father as he had custody of her 2 siblings. With the court stating that a strong male influence was required in the children’s lives?

Answer 27

Early v. Early 1990

Question 28

In which Scottish case was the father’s constant attempts to undermine the mother, grounds for awarding sole custody to the mother?

Answer 28

Clayton v. Clayton 1995

Question 29

In which Scottish case did the court state that the views of the child should be asked, and if there was a large time difference between asking and the hearing then it should be asked again?

Answer 29

Shields v. Shields 2002

Question 30

Is Scotland is there an inherent right to maintain contact for a parent enshrined in statute?

Answer 30

Yes, in the 1995 act

Question 31

In which Scottish case did the court say that access for a father was not absolute and that access is only allowed if the court believes it to be in the child’s best interest?

Answer 31

Porchetta v. Porchetta 1986

Question 32

In which Scottish case was the mother refusing to allow the father access, the creation of a distressing situation and therefore grounds for refusing him contact?

Answer 32

Russel v. Russel 1991

Question 33

In which Scottish case was the mother refusing to allow the father access, the creation of a distressing situation and therefore grounds for refusing him contact?

Answer 33

Russel v. Russel 1991

Question 34

In which Scottish case was the welfare of the child upheld following the Russel case?

Answer 34

Sanderson v. McManus 1997

Question 35

In which Scottish case was the welfare of the child upheld following the Russel case?

Answer 35

Sanderson v. McManus 1997

Question 36

In which Scottish case did the court move away from the decision in Porchetta, stating that there should be contract between a father and child through the 1995 act?

Answer 36

White v. White 2001

Question 37

In which Scottish case did the court move away from the decision in Porchetta, stating that there should be contract between a father and child through the 1995 act?

Answer 37

White v. White 2001

Question 38

In England what 4 orders can a court make?

Answer 38

Contact order
Prohibited steps order
Residence order
Specific Issue order

Question 39

Which provision in England governs the different types of orders in regard to children?

Answer 39

Children Act 1989 S.8

Question 40

Which provision in England governs who can apply for the various orders?

Answer 40

Children Act 1989 S.10

Question 41

Which provision in England governs who can apply for the various orders?

Answer 41

Children Act 1989 S.10

Question 42

Which English case allowed for the grandmother to have custody of the child - based on the best interest principle - as in a previous decision the father had only been awarded custody as it would be ‘good enough’?

Answer 42

Re G(Children) (Residence: Same-Sex partner) 2006

Question 43

Which English case stated that there must be a ‘tangible benefit’ for the child in making an order, rather than allow the parents to sort things out themselves?

Answer 43

Holmes-Moorhouse v. Richmond upon Thames LBC 2009

Question 44

Which English case reinforced placing the child’s best interests first?

Answer 44

Re B(A child) (Residence: Biological Parent) 2009

Question 45

Which English case stated that all cases are different and that they should be looked at as such, and that there should be no presumption?

Answer 45

Re G(Children) (Residence: Making an Order) 2005