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Question 1

Which act governs family disputes in England and Wales?

Answer 1

Children Act 1989

Question 2

Which act governs family disputes in England and Wales?

Answer 2

Children Act 1989

Question 3

Which provisions governs disputes in England and Wales?

Answer 3

Section 8

Question 4

What is a ‘child arrangement order’?

Answer 4

An order regulating arrangements including where the child is to live and when they shall have contact with a parent.

Question 5

What is a ‘prohibited steps order’?

Answer 5

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.

Question 6

What is a ‘specific issue order’?

Answer 6

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.

Question 7

What is one of the guiding principles for making section 8 orders and where can it be found?

Answer 7

Welfare Principle

Children Act 1989 S.1(1)

Question 8

Where can the Welfare Checklist be found in E & W?

Answer 8

Children Act 1989 S.1(3)

Question 9

Will the court grant an order if it would be better not to do so? Where can this be found in statute?

Answer 9

No

Children Act 1989 S.1(5)

Question 10

Which provisions governs disputes in England and Wales?

Answer 10

Section 8

Question 11

Will the court grant an order if it would be better not to do so? Where can this be found in statute?

Answer 11

No

Children Act 1989 S.1(5)

Question 12

Which act governs family disputes in Scotland?

Answer 12

Children (Scotland) Act 1995

Question 13

Which provisions governs disputes in Scotland?

Answer 13

Section 11

Question 14

What are the 3 types of orders available in Scotland?

Answer 14

Residence
Contact
Specific Issue

Question 15

Which act governs family disputes in Scotland?

Answer 15

Children (Scotland) Act 1995

Question 16

What are the 3 types of orders available in Scotland?

Answer 16

Residence
Contact
Specific Issue

Question 17

Where can the welfare principle be found in Scotland?

Answer 17

Children (Scotland) Act 1995 S.11(7)

Question 18

Which provisions governs the views of mature children by a parent and the court in Scotland?

Answer 18

Parents - S.6

Court - S.11(7)

Question 19

Which provisions governs the views of mature children by a parent and the court in Scotland?

Answer 19

Parents - S.6

Court - S.11(7)

Question 20

Which 3 points are similar in Scotland, England and Wales?

Answer 20

1) Welfare of the child is paramount
2) Regard must be given to the child’s views
3) No order principle

Question 21

Which Jurisdiction is pro relocation?

Answer 21

England and Wales

Question 22

Which case was the first in over turing a decision to permit the mother and step father to relocate?

Answer 22

Poel v. Poel 1970

Question 23

In an early hearing of the Poel case why was the relocation order not granted?

Answer 23

The child was happy and there were no concerns with the current arrangements.

Question 24

What preference did the Poel case show for the primary carer?

Answer 24

It showed that if they wished to relocate they would be given more weight in their desire.

Question 25

If a primary carer has a well through through plan will it be given effect following the Poel case?

Answer 25

Yes

Question 26

If a primary carer has a well through through plan will it be given effect following the Poel case?

Answer 26

Yes

Question 27

Which case reinforced the Poel decision to give effect to the primary carers plans for relocation?

Answer 27

Payne v. Payne 2001

Question 28

Which case reinforced the Poel decision to give effect to the primary carers plans for relocation?

Answer 28

Payne v. Payne 2001

Question 29

How did the Court of Appeal deal with the Payne case?

Answer 29

Adopted the approach that if the parent was happy

Question 30

How did the Court of Appeal deal with the Payne case?

Answer 30

Adopted the approach that if the parent was happy then the child would be happy also.

Question 31

What have some judicial critics commented on Payne about?

Answer 31

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.

Question 32

What have some judicial critics commented on Payne about?

Answer 32

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.

Question 33

Which case was it determined the only principle of Payne that should be followed was the paramountcy of the child’s interests?

Answer 33

K v. K (Children: Permanent Removal from Jurisdiction) [2011]

Question 34

In which case was care split 50/50 and the father’s appeal to remain was successful?

Answer 34

K v. K (Children: Permanent Removal from Jurisdiction) [2011]

Question 35

In which case was care split 50/50 and the father’s appeal to remain was successful?

Answer 35

K v. K (Children: Permanent Removal from Jurisdiction) [2011]

Question 36

In which Scottish case was it stated that the wishes of one parent should not receive more weight than another?

Answer 36

M v. M [2011]

Question 37

In which Scottish case was it determined that the psychological effects of refusing an application to a parent had no place in Scots law?

Answer 37

M v. M [2011]

Question 38

In which Scottish case was it determined that the psychological effects of refusing an application to a parent had no place in Scots law?

Answer 38

M v. M [2011]

Question 39

In which Scottish case was post relocation details not having to be specified permitted

Answer 39

Donaldson v. Donaldson [2014]