Children Act Private Law Flashcards
When did the Children Act 1989 come into force
1991
What did the Children Act 1989 bring?
most law under one heading
What is the UN Convention definition of a child?
every human being below the age of 18 unless the law, applicable to the child, majority is attained earlier
What is the gillick competence?
under 18 make decisions on their upbringing but dont have to be taken into consideration by the courts
The definition of parental responsibility?
all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property- s31(3)
Do the child have a right to have contact with the parent?
Yes- presumption of continued involvement
Is the childs welfare important?
Yes
What falls under disciplining of a child?
an open handed smack, should not cause harm or leave a mark
What percentage of the department of education and skills 2008 favoured parental punishment?
59|%
What do the NSPCC say in relation to discipling a child
should be outlawed
Who has the right to change the childs surname?
need consent of all those with parental responsibility s13(1)
change childs name- dawson 1999
mother registered with former husbands surname that her and previous children shared. couldn’t be changed to new fathers surname as held reasonable connection
Who has the right to consent to medical treatment?
those with parental responsibility,
What happens with consent to medical treatment if between 16-18
Court can take childs views into account if under 16 then the gillick competent test applies
Gillick v w norfolk and wisbeck ha 1986
exceptional circumstances doctor could provide contraception under 16. roman catholic so didn’t want this to happen
