Flashcards
private law - problem question
Flashcards do conjunto (23)
- 1what section is the welfare principle?s 1(children's act 1989)
- 2what does the welfare principle govern?the upbringing and the property of a child
- 3what section governs the presumption of involvements1 inserted by s11 of the children and families act 2014
- 4what did Munby say in relation to the welfare principle in Re Gan 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
- 5what is the meaning of welfareit must be looked from a holistic approach
- 6what 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 - 7what section is the statutory checklist?s1(3)
- 8principle in Re B in relation to statutory checklistonly in exceptional circumstances will the court disregard the wishes of a teenager
- 9what 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 - 10what is the no delay principle?s1(2) and delay in determining the question is likely to prejudice the welfare of the child
- 11principle in Re Csets out the importance of these 3 principles when granting a section 8 order
- welfare principles
delay principle
statutory checklist - 12what 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. - 13what section defines PR?s3(1)
- 14what 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 - 15can a parent with PR act alone?s2(7)
a parent will PR can act alone however there are exceptions - 16what are the exceptions to acting alone in relation to PR?- adoption
- removing the child for more than one month
- change of surname
marriage - 17name 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 - 18what case states that the parent with whom the child lives is to have the power to decide day to day issuesRe P
- 19who has automatic PR?mother
- 20how 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 - 21what case sets out the conditions for granting PRRE H
- consider the fathers commitment
- the attachment that exists between father and child
reason for the father applying - 22what 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 - 23which case states that you must look further than Re HRe 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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- Law FlashCards sobre private law - problem question , criado por monique sherman em 20-04-2018.
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- monique sherman
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