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
What factors are considered by the court at a contact hearing?
Motivation of the party seeking contact
Effects contact will have on the child
Conduct of the party towards the child
What steps were introduced by Children and adoption Act 2006 to improve contact following contact hearings
Contact activity directions / conditions
Assistance from outside agencies
Improved enforcement
When would a specific issues order be used?
For the child to go to a certain school or be brought up in a certain religion.
Who can apply for any S8 under S10(1) CA 1989?
A court
Who can apply for any S8 under S10(4) CA 1989?
Legal parents
Guardians
Step parent with parental responsibility
Anyone named on child arrangements order as residential persons
Who can apply for a child arrangements order S8 under S10(5) CA 1989?
Either party to marriage or CP
Anyone who child has lived with for 3 out of 5 years
Anyone who gained consent from parents with parental responsibility/ on the child arrangements order as residency
What factors will the court consider under S10(9)CA before granting S8.
Applicants connection to child
Nature of proposed application
Any risk of disruption to child’s life
Any local authorities plans got the child’s future / wishes of the parents
What does a family assistance order involve?
A social worker or CAFCASS officer to be available to advise/assist/befriend anyone named in the order.
Contact arrangements to be monitored etc
