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What did the Age of Legal Capacity Act 1991 state?

Child up to the age of 16. PRRs end for parents when you turn 16, apart from guidance


What is the general rule as per section 1?

No one under 16 has the legal capacity to enter into any transactions


What is the exception?

Responsible for a crime


What are the exceptions to the general rule?

1. Commonly entered transactions
2. Anyone over 12 can make a will
3. Under 16 can consent to surgical, medical or dental treatment if by qualified practitioner


What is a case for medical?

Gillick v West Norfolk Health Authority (England)

15 year old sought contraceptive, mum wanted to know. HL said doctor allowed to say no


Do we have magic 12?

No, under 16 when considered mature enough


Another right under 16?

Can instruct a solicitor given they have maturity


What is the relevance of 12?

Person of 12 will be presumed to be of sufficient age and maturity. Can be rebutted.


Case of Mother wanting to take kids to Australia?

Fourman v Fourman


Fourman v Fourman

Divorced couple, mother wants kids for Australia. 14 year old entered the action. Held wasn't in interest of the child.


Another Australia case?

Shields v Shields


Shields v Shields?

Mum wanted to take 7 year old to Australia, boy was 9 when it got to court. Boy considered mature enough to give his view. Stayed in Scotland