Decisions about Children Flashcards
Re P 1996
stopping a father’s contact on the basis that it’s bad for the mother and so for the kid wrong
Re S (Relocation: Interests of Siblings) 2011
both siblings ordered to go and live in Canaad, wrong as the younger didn’t want to, individual welfare
Payne v Payne 2001
genuine/realistic/NRP opposition/RP wishes analysis in relocation cases
Re K 2011
welfare paramount consideration in relocation cases, Payne only guidance
Re F (International Relocation) 2015
pros and cons if the child stays or goes - just the old welfare analysis really
Re A 2008
relocation threatened respondent’s role as (unbiological) father
Re W (Relocation: Removal Out of Jurisdiction) 2011
mother’s mental health and need for family support relevant in relocation
W v A 2004
not living together would actually improve contact here
Re C (Change of Surname) 1996
M changed surname, court held that it would be too confusing for the child to have his surname changed again
Re J (Specific Order: Muslim Upbringing) 1994
no to circumcision, courts rarely make NRP’s religion relevant
Re F (Paternity: Jurisdiction) 2008
court has the power to make orders about revealing father’s identity
Re C (Contact: Moratiorium Change of Gender) 2007
transgender dad, children need to be told soon
Re H-B 2015
shit parents disputing about contact, duties and responsibilities of parents reiterated
A v L (Contact) 1998
father in prison, no one wanted to have contact with him, stressing the importance of natural father while making indirect contact order
Re C (Contact: No Order for Contact) 2000
no contact where continued contact was shown to be harmful to children physically
Re F (Minors) (Denial of Contact) 1993
refusal of contact with transsexual da, no contact if undermining child’s emotional security
Re L-W 2011
residential father under no obligation to make contact happen if the child didn’t want to, as e.g. imprisoning him would have adverse effect
Re F (A Child) (Contact Order) 2001
DV, contact matter of discretion and not principle, DV does not justify refusal of contact per se
Re M (Contact Oder) 2005
a suspended prison sentence where father was 10 minutes late plainly wrong
Churchard v Churchard 1984
welfare principle applies in enforcement of contact
Re S 2010
wrong residence order, child wanted to jump out of the car etc.
Re M (Children) 2012
compromise, transfer of residence made but suspended, M has to balance between losing children permanently or losing them for contact periods
Re C (Residence Order) 2007
M stopped enforcing contact with F, stopped attending court etc., after 4 years transfer of residence order to F
Re B 2009
reiteration of the welfare principle
Re W (Children) 2012
parents should work to put aside differences and ensure that children have relationships with both parents
Re L, V, M, H 2000
DV contact presumption, not against however court would be alert to the issues raised by expert psychologists
A v B and C 2012
gay father of a lesbian’s couple child wanted contact, the role of the father in the child’s life will depend on what was in the child’s best interests at each stage of its childhood and adolescence, exercises of judicial discretion, fortnightly contact ordered
