private law - problem question

Question	Answer
what section is the welfare principle?	s 1(children's act 1989)
what does the welfare principle govern?	the upbringing and the property of a child
what section governs the presumption of involvement	s1 inserted by s11 of the children and families act 2014
what did Munby say in relation to the welfare principle in Re G	an evaluation of a child best interest involves a welfare appraisal in the widest sense, taking into account a range of ethical, moral, religious, emotional and welfare considerations
what is the meaning of welfare	it must be looked from a holistic approach
what is the meaning of paramount and case?	child comes first before any other consideration J v C - the course to be followed will be that which is most in the interests of the child's welfare. the child is the sole consideration
what section is the statutory checklist?	s1(3)
principle in Re B in relation to statutory checklist	only in exceptional circumstances will the court disregard the wishes of a teenager
what is the no order principle?	s1(5) an order should not be made unless doing so would be better for the child than making no order at all
what is the no delay principle?	s1(2) and delay in determining the question is likely to prejudice the welfare of the child
principle in Re C	sets out the importance of these 3 principles when granting a section 8 order - welfare principles delay principle statutory checklist
what if there is more than one child to a dispute?	Birmingham city council v H - a 14 year old girl who had a baby. the court held that it is the child of the application who welfare we consider Re s - siblings - the siblings should be looked at separately, not as a unit. one boy moved country, the other stayed.
what section defines PR?	s3(1)
what does the family justice review define PR as	- providing a home - naming the child - having contact - protecting and maintaining the child - consenting to blood tests - allowing the child to be interviewed - agreeing to adoption -agreeing to a child's change of surname - consenting to medical treatment
can a parent with PR act alone?	s2(7) a parent will PR can act alone however there are exceptions
what are the exceptions to acting alone in relation to PR?	- adoption - removing the child for more than one month - change of surname marriage
name cases which demonstrate when a decision would be fundamental to the child	- Re G - boarding school - court held - any decision that will have a long effect - Re J - circumcision - was seen as a fundamental decision
what case states that the parent with whom the child lives is to have the power to decide day to day issues	Re P
who has automatic PR?	mother
how does a father gain PR?	- married - s2 - registered on the birth certificate - s4 - PR agreement - order from the court - named in a CAO - s12 - appointed guardian - s5 adopted the child
what case sets out the conditions for granting PR	RE H - consider the fathers commitment - the attachment that exists between father and child reason for the father applying
what does Re c state in relation to granting PR?	PR was granted despite the mothers hostility to fathers involvement. was the association between the parties SUFFICIENTLY ENDURING and has the father by CONDUCT DURING AND SINCE the application shown SUFFICIENT COMMITMENT to justify legal status
which case states that you must look further than Re H	Re H - Father had been violent - PR refused BUTLER - SLOSS the 3 requirements are an important starting point but are not the only factors. even if the 3 factors are satisfied, the court has a duty to apply the paramountcy test (child's welfare)

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	Created by monique sherman about 6 years ago