Decisions about Children

Question 1

Re P 1996

Answer 1

stopping a father’s contact on the basis that it’s bad for the mother and so for the kid wrong

Question 2

Re S (Relocation: Interests of Siblings) 2011

Answer 2

both siblings ordered to go and live in Canaad, wrong as the younger didn’t want to, individual welfare

Question 3

Payne v Payne 2001

Answer 3

genuine/realistic/NRP opposition/RP wishes analysis in relocation cases

Question 4

Re K 2011

Answer 4

welfare paramount consideration in relocation cases, Payne only guidance

Question 5

Re F (International Relocation) 2015

Answer 5

pros and cons if the child stays or goes - just the old welfare analysis really

Question 6

Re A 2008

Answer 6

relocation threatened respondent’s role as (unbiological) father

Question 7

Re W (Relocation: Removal Out of Jurisdiction) 2011

Answer 7

mother’s mental health and need for family support relevant in relocation

Question 8

W v A 2004

Answer 8

not living together would actually improve contact here

Question 9

Re C (Change of Surname) 1996

Answer 9

M changed surname, court held that it would be too confusing for the child to have his surname changed again

Question 10

Re J (Specific Order: Muslim Upbringing) 1994

Answer 10

no to circumcision, courts rarely make NRP’s religion relevant

Question 11

Re F (Paternity: Jurisdiction) 2008

Answer 11

court has the power to make orders about revealing father’s identity

Question 12

Re C (Contact: Moratiorium Change of Gender) 2007

Answer 12

transgender dad, children need to be told soon

Question 13

Re H-B 2015

Answer 13

shit parents disputing about contact, duties and responsibilities of parents reiterated

Question 14

A v L (Contact) 1998

Answer 14

father in prison, no one wanted to have contact with him, stressing the importance of natural father while making indirect contact order

Question 15

Re C (Contact: No Order for Contact) 2000

Answer 15

no contact where continued contact was shown to be harmful to children physically

Question 16

Re F (Minors) (Denial of Contact) 1993

Answer 16

refusal of contact with transsexual da, no contact if undermining child’s emotional security

Question 17

Re L-W 2011

Answer 17

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

Question 18

Re F (A Child) (Contact Order) 2001

Answer 18

DV, contact matter of discretion and not principle, DV does not justify refusal of contact per se

Question 19

Re M (Contact Oder) 2005

Answer 19

a suspended prison sentence where father was 10 minutes late plainly wrong

Question 20

Churchard v Churchard 1984

Answer 20

welfare principle applies in enforcement of contact

Question 21

Re S 2010

Answer 21

wrong residence order, child wanted to jump out of the car etc.

Question 22

Re M (Children) 2012

Answer 22

compromise, transfer of residence made but suspended, M has to balance between losing children permanently or losing them for contact periods

Question 23

Re C (Residence Order) 2007

Answer 23

M stopped enforcing contact with F, stopped attending court etc., after 4 years transfer of residence order to F

Question 24

Re B 2009

Answer 24

reiteration of the welfare principle

Question 25

Re W (Children) 2012

Answer 25

parents should work to put aside differences and ensure that children have relationships with both parents

Question 26

Re L, V, M, H 2000

Answer 26

DV contact presumption, not against however court would be alert to the issues raised by expert psychologists

Question 27

A v B and C 2012

Answer 27

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