Chapter 8- Children Flashcards
What are the 4 principles of the CA 1989?
Welfare of child
No delay
No order
Presumption of parental involvement
Welfare
Child’s welfare is paramount s1(1) CA
Re G (Children) 2006 stated a biological parent to be awarded residence
Welfare checklist to be considered
Welfare checklist (7)
1) wishes and feelings of the child concern (Gillick competence)
2) child’s physical, emotional and educational needs
3) effect on the child for change in circumstances
4) child’s age, sex, background any other characteristics court sees relevant
5) any harm the child has suffered or risk to suffer
6) capabilities of parents or those with parental responsibilities
7) Wide range of powers available to the court
No delays
No delays should be caused as may effect welfare of the child s1(2) CA
No order
Court does not have to make orders of it does not see fit s1(5) CA
Presumption of parental involvement
Presumption that the parents involvement is what is in the child’s best interest S1(2a) CA unless contract evidence provided S1(6)CA
Involvement is not specific S1(2b) CA
Which section of the CA explains parental responsibility
S3(1) CA
Rights, duties, powers, responsibility by law a parent has to the child and their property
Who has automatic parental responsibility
Mothers always, and fathers if they are married or on birth certificate
How can a father acquire parental responsibility
Marrying the mother if they are natural father
Entering into parental responsibility agreement
Obtaining court order for parental responsibility
Obtaining child arrangements order
How can PR cease
By death
Adoption
By court order or if child is 18 if you are not mother or married father
3 types of Orders under children act
Child arrangements order
Prohibited steps order
Specific Issues Order
Child arrangements orders
They name the person the child should live with, spend time with or have contact with D v D shared residence outlined residence should be awarded if it is in the best interest of the child Orders remain in place until the child is 16, or 18 for non bio parents if ordered by the court, Unless the court discharged the order, or if both with PR live with each other for period of 6 months or more Re L (contact domestic Violence) DV of past present and future will be considered.
Powers to resolve contact disputes
Court given power to undertake contact activity.
Provide court power to attach a contact activity condition to a CAO
Allow court to award financial compensation to a party if the other breaks the order
Enables court to impose unpaid work requirement on person who breaches the order. Maximum 200 hours and local to individual.
What is the purpose of a prohibited steps order?
Prevents person from doing what is outlined in the order, removing child from the country for example. The order can be breached by permission from the court with the party needs to apply for
What is the purpose of specific issues order?
Orders specific arrangements for the child, separate to contact issues. For example, school the child will attend, or religions they will follow
Who can apply for an order under s10(4) CA
Parent or guardian
Persons with PR
Persons named on CA order who the child is to live with
Who can apply for s8 order under S10(5) CA
Any party to marriage Or CP
Any person whom child has lived with for 3 years (doesn’t have to be continuous)
Any person who has consent from those named on CA order
Any person who has consent from local authorities of child is under their care
Any person with permission from those with Pr
Relatives or foster parent of child has lived with them for 1 year following the application
Who can apply for s8 order under S10(9) CA
Anyone else must justify to the court
Nature of their application
Connection with the child
Any risk their application poses to disrupting the child’s life or potential harm to the child.
How to apply for S8 order
- Attend MIAM - unless exempt
- Complete C100(stand alone), C2 (with proceedings) C1A(harm)
- Applicant files application at court
- 24 hours all forms must be filed (including notice of hearing, acknowledgment, Blank C1A
- 48 hrs CAFCASS filed with C100/C1A.
- Respondent to file AOS 10 days
- Conciliation appointment CAFCASS and parties
- first hearing dispute resolution after 5-6 weeks filing.
- Dispute resolution if ordered
- Hearing and orders sealed
How should application proceed.
MIAM must take place prior to apps
S8 should be applied for during current proceedings C2, or free standing C100.
If applicant self serves they must file proof of service C9
Notice is to be given to all interested parties
What is considered at the FHDR
Safe guarding checks MIAM- why didn’t it take place Dispute resolution Consent orders Welfare reports Wishes and feelings of the child Case management in future issues and directions for witness statements interim orders etc.
Final step S8
Final hearing and orders in writing
Which two Arts under ECHR are relevant and possible breaches. Include cases
Art 8- right to respect private and family life
Art 9- prohibition of discrimination in application of rights
No automatic rights for fathers breach of both- Mcmichael states justified
Welfare rights for children are not a breach of Art 8- Hope v Germany
