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Which act governs family disputes in England and Wales?
Children Act 1989
Which act governs family disputes in England and Wales?
Children Act 1989
Which provisions governs disputes in England and Wales?
Section 8
What is a ‘child arrangement order’?
An order regulating arrangements including where the child is to live and when they shall have contact with a parent.
What is a ‘prohibited steps order’?
An order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is a kind of specified in the order.
What is a ‘specific issue order’?
An order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
What is one of the guiding principles for making section 8 orders and where can it be found?
Welfare Principle
Children Act 1989 S.1(1)
Where can the Welfare Checklist be found in E & W?
Children Act 1989 S.1(3)
Will the court grant an order if it would be better not to do so? Where can this be found in statute?
No
Children Act 1989 S.1(5)
Which provisions governs disputes in England and Wales?
Section 8
Will the court grant an order if it would be better not to do so? Where can this be found in statute?
No
Children Act 1989 S.1(5)
Which act governs family disputes in Scotland?
Children (Scotland) Act 1995
Which provisions governs disputes in Scotland?
Section 11
What are the 3 types of orders available in Scotland?
Residence
Contact
Specific Issue
Which act governs family disputes in Scotland?
Children (Scotland) Act 1995
What are the 3 types of orders available in Scotland?
Residence
Contact
Specific Issue
Where can the welfare principle be found in Scotland?
Children (Scotland) Act 1995 S.11(7)
Which provisions governs the views of mature children by a parent and the court in Scotland?
Parents - S.6
Court - S.11(7)
Which provisions governs the views of mature children by a parent and the court in Scotland?
Parents - S.6
Court - S.11(7)
Which 3 points are similar in Scotland, England and Wales?
1) Welfare of the child is paramount
2) Regard must be given to the child’s views
3) No order principle
Which Jurisdiction is pro relocation?
England and Wales
Which case was the first in over turing a decision to permit the mother and step father to relocate?
Poel v. Poel 1970
In an early hearing of the Poel case why was the relocation order not granted?
The child was happy and there were no concerns with the current arrangements.
What preference did the Poel case show for the primary carer?
It showed that if they wished to relocate they would be given more weight in their desire.
If a primary carer has a well through through plan will it be given effect following the Poel case?
Yes
If a primary carer has a well through through plan will it be given effect following the Poel case?
Yes
Which case reinforced the Poel decision to give effect to the primary carers plans for relocation?
Payne v. Payne 2001
Which case reinforced the Poel decision to give effect to the primary carers plans for relocation?
Payne v. Payne 2001
How did the Court of Appeal deal with the Payne case?
Adopted the approach that if the parent was happy
How did the Court of Appeal deal with the Payne case?
Adopted the approach that if the parent was happy then the child would be happy also.
What have some judicial critics commented on Payne about?
That is pays too much attention to the views of the relocating parents and not enough to the damage caused to the children, by the loss of the relationship with the parent left behind.
What have some judicial critics commented on Payne about?
That is pays too much attention to the views of the relocating parents and not enough to the damage caused to the children, by the loss of the relationship with the parent left behind.
Which case was it determined the only principle of Payne that should be followed was the paramountcy of the child’s interests?
K v. K (Children: Permanent Removal from Jurisdiction) [2011]
In which case was care split 50/50 and the father’s appeal to remain was successful?
K v. K (Children: Permanent Removal from Jurisdiction) [2011]
In which case was care split 50/50 and the father’s appeal to remain was successful?
K v. K (Children: Permanent Removal from Jurisdiction) [2011]
In which Scottish case was it stated that the wishes of one parent should not receive more weight than another?
M v. M [2011]
In which Scottish case was it determined that the psychological effects of refusing an application to a parent had no place in Scots law?
M v. M [2011]
In which Scottish case was it determined that the psychological effects of refusing an application to a parent had no place in Scots law?
M v. M [2011]
In which Scottish case was post relocation details not having to be specified permitted
Donaldson v. Donaldson [2014]
