Challenging And Obtaining Docs Part 3 Flashcards

1
Q

What is family law and family courts?

A

Loose term to indicate parts of civil law

Family courts can sometimes be referred to as civil courts

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2
Q

What do cases include in High Court?

A

Divorce, nullity to end civil partnerships

Prenups between estranged couples

Child Matinence Service

Disputes over parents rights to have contact with there children

Adoption

Disputes of paternity

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3
Q

What orders can be made under Children’s Act 1989?

A

Court orders to authorise social workers to intervene to protect a child

If there is suspected neglect or abuse within family

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4
Q

What is a care order?

A

Enables social workers to intervene and remove child from parents, for placement in a foster home

If there is concern for child immediate safety, removal can be rapidly sanctioned by an emergency protection order

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5
Q

What happened after April 2009

A

Governemnt changed rules to make proceedings more transparent and permitted media to attend routinely

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6
Q

What case can help you remember reporting restriction put on a little toddler?

A

Baby P case

Abused by parents and tortured

Case caused public uproar

RR put in place so his four siblings were not identified

Baby died and therefore was allowed to report name of Peter Connolly

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7
Q

If media can attend what is in place?

A

Strict RR

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8
Q

What does it say under Children’s Act 1989

A

Says nothing shall be published which is likely to identify any child U18

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9
Q

What Section and Act is a criminal offence if media org publishes what is said during court proceedings held in private

A

Section 12 of the Administration of Justice Act 1960

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10
Q

Can anonymity be extended beyond conclusion of proceedings?

A

Yes

Can last until child is 18

Media can still report case, but anonymity means detail has to be excluded

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11
Q

What can high court do if judge believes that activities will undermine or pose a risk to the welfare of parties

A

Use inherent injunction to cease newsgathering activities on a particular story

If media don’t follow injunction can be prosecuted for contempt

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12
Q

How can a child be removed from England and Wales

A

Only by permission from the court

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13
Q

What injection case can you remember about not revealing new identify and addresses of people

A

James Bulger case

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14
Q

What cited to justify permanent reporting restrictions?

A

Article 8 - right to privacy

Article 2 - right to live

Article 3 - freedom from torture or degradement

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