Chapter 7- Children Flashcards
What does the children’s Act 1989 focus on?
Responsibilities for the child, rather than rights over them
Name three parental responsibilities under S3 (1) CA 1989
Right to chose religion Right to chose medical treatment Right to chose education Duty to maintain the child Right to make decision about care and upbringing if the child
What does Gillick Competent mean?
Right to chose their own medical treatment if competent - gillick v West Norfolk
When does an unmarried father gain automatic parental responsibility?
If he is named on the birth certificate after Dec 2003
How can a parental responsibility order be obtained?
Unmarried father obtains the order from the court
When will the court award a parental responsibility order?
S v R parental responsibility 1993
The father must show
- commitment towards the child
- degree of attachment between child and father
- provide reasoning for applying for the order
Can a step parent obtain parental responsibility?
Yes, through agreement with the biological parent or through the court. Can only apply if they are married or in CP with the biological parent
Two examples of how you may obtain parental responsibility outside of the norm.
By becoming the child’s legal guardian
Via a child’s arrangements order
Name two examples which are exempt to the general rule of S 2(7) CA (parental responsibility/ acting alone)
Change of names
Decisions on immunisations
Name two ways that parental responsibility can be lost?
By adoption (married mother and father)
By agreement or ending an order gained through the courts
What are the 4 principles of CA 1989
1) Welfare Principle s1(1)
2) no order principle s1(5)
3) No delay principle S 1(2)
3) Presumed parental involvement principle S 1 (2A)
What 7 factors are considered in welfare checklists?
1) wishes and feelings concerned of the child providing they’re Gillick competent
2) child’s physical, emotional, educational needs
3) likely effect on the child for any change in circumstances
4) any harm which the child has suffered or may suffer
5) age, sex background or any relevant characteristics
6) capability of parents
7) range of courts powers within CA 1989
What 3 orders can be generated under S8 CA
Child arrangements order
Prohibited steps order
Specific issue order
If a person not a biological parent is given a parental responsibility order along with the child arrangements order, how long will this be in effect?
For the duration of the child arrangements order only.
What are the restrictions imposed with a child arrangements order?
You cannot change the child surname or take them abroad unless written consent is given by everyone with parental responsibility for the child
