Challenging And Obtaining Docs Part 3 Flashcards
What is family law and family courts?
Loose term to indicate parts of civil law
Family courts can sometimes be referred to as civil courts
What do cases include in High Court?
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
What orders can be made under Children’s Act 1989?
Court orders to authorise social workers to intervene to protect a child
If there is suspected neglect or abuse within family
What is a care order?
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
What happened after April 2009
Governemnt changed rules to make proceedings more transparent and permitted media to attend routinely
What case can help you remember reporting restriction put on a little toddler?
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
If media can attend what is in place?
Strict RR
What does it say under Children’s Act 1989
Says nothing shall be published which is likely to identify any child U18
What Section and Act is a criminal offence if media org publishes what is said during court proceedings held in private
Section 12 of the Administration of Justice Act 1960
Can anonymity be extended beyond conclusion of proceedings?
Yes
Can last until child is 18
Media can still report case, but anonymity means detail has to be excluded
What can high court do if judge believes that activities will undermine or pose a risk to the welfare of parties
Use inherent injunction to cease newsgathering activities on a particular story
If media don’t follow injunction can be prosecuted for contempt
How can a child be removed from England and Wales
Only by permission from the court
What injection case can you remember about not revealing new identify and addresses of people
James Bulger case
What cited to justify permanent reporting restrictions?
Article 8 - right to privacy
Article 2 - right to live
Article 3 - freedom from torture or degradement