welfare stage Flashcards

1
Q

What does satisfaction of the TT

A

gives the court discretion of whether or not to grant an order

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2
Q

What is engaged in the WS

A

Art 8 it must be necessary and proportionate to make an orde

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3
Q

What must the court have regard to

A

the court must have regard to any harm

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4
Q

Allegations not proved on the BoP

A

An allegation not proved on the BoP at the welfare state can not be considered Re M and R (HL) extends Re H and R (CA) into the welfare stage

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5
Q

approach in welfare stage to uncertain

A

Re O and N; Re B (HL) extends Lancahcsire into the welfare stage. In an uncertain perpatrot case where there was a real possibility that the parent inflicted the injuries , as to follow Re H and R would leave with a possible perpetrator of harm.

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6
Q

What about if the child has not been harmed and is living with possible perpetuator of harm

A

this will not be enough that another child has been possibly harmed to show that the new child is likely to suffer Lancashire; Re J (CA), unless additional grounds that the child is likely to suffer

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7
Q

What if the child is living with all possible perpetrators of harm

A

Enough to satisfy Re J (CA)

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8
Q

Why is desirable to know who inflicted the harm

A

Re K; in public interest, Re SB to know who inflicted harm helps protect from future harm

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