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Flashcards in Adults and Children Deck (45):
1

In Scotland where can the definition a child be found?

Children (Scotland) Act 1995 S.1(2)

2

In Scotland where can the definition a child be found?

Children (Scotland) Act 1995 S.1(2)

3

In Scotland where can the age of legal capacity be found?

Age of Capacity (Scotland) Act S.1(1)

4

In England where can the definition of a child be found?

Children Act 1989 S105.(1)

5

What does the Children (Scotland) Act 1995 identify?

The responsibilities that parents have with regard to their children.

6

In Scotland if a parent does not meet the requirements of the Children (Scotland) Act 1995 then what can happen?

The child can bring proceedings against their parents either themselves or can instruct a solicitor if they are under 16, under the Age of Capacity (Scotland) Act 1991.

7

In England where can the definition of a child be found?

Children Act 1989 S105.(1)

8

Which provision in Scotland details the responsibilities of parents?

Children (Scotland) Act 1995 S.1(1)

9

Which provision in Scotland details the rights a parent has over their child?

Children (Scotland) Act 1995 S.2

10

Which provision in England details the meaning of parental responsibility?

Children Act 1989 S.3

11

Which provision in England details the meaning of parental responsibility?

Children Act 1989 S.3

12

Which provision in England details the meaning of parental responsibility?

Children Act 1989 S.3

13

When considering parental responsibilities and rights what 3 categories should be considered?

Automatic attribution of rights
Rights obtained by agreement
Rights obtained by court order

14

Which provision in Scotland allows for a person to claim an interest in a child, in order to acquire parental rights and responsibilities?

Children (Scotland) Act 1995 S.11

15

Who can apply for a Section 11 order for parental responsibility in Scotland?

Anyone who has an interest in the child.

16

Which case granted a Section 11 order in Scotland, for a 14 year old wishing to seek contact with siblings?

E v. E 2004

17

Which provision in Scotland allows for a person to claim an interest in a child, in order to acquire parental rights and responsibilities?

Children (Scotland) Act 1995 S.11

18

In which English case was a parental rights order refused due to the father showing a lack of commitment to the children?

Re H(Minors) (Local Authority: Parental Responsibility) (No3) 1991

19

In England can a step parent acquire parental responsibility and if so how?

Yes, under S.4 of the Children Act 1989

20

Which provision contains the welfare principle in Scotland?

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

21

In Scotland what 3 orders can the court make?

Residence Order
Contact Order
Specific Issue Order

22

In Scotland what 3 orders can the court make?

Residence Order
Contact Order
Specific Issue Order

23

In which case was the father awarded contact with the child but the residence remained with the aunt and uncle, due to the child settling in and there being no clear differences between the girl and her cousin?

Breingan v. Jamieson 1993

24

In which Scottish case was the father awarded contact with the child but the residence remained with the aunt and uncle, due to the child settling in and there being no clear differences between the girl and her cousin?

Breingan v. Jamieson 1993

25

In which Scottish case was residence granted to the father, as he was affluent, and it was said that the background of the parents should be taken into consideration?

Brixey v. Lynas 1996

26

In which Scottish case was residence granted to the father, as he was affluent, and it was said that the background of the parents should be taken into consideration?

Brixey v. Lynas 1996

27

In which Scottish case was it decided that the third child should live with her father as he had custody of her 2 siblings. With the court stating that a strong male influence was required in the children's lives?

Early v. Early 1990

28

In which Scottish case was the father's constant attempts to undermine the mother, grounds for awarding sole custody to the mother?

Clayton v. Clayton 1995

29

In which Scottish case did the court state that the views of the child should be asked, and if there was a large time difference between asking and the hearing then it should be asked again?

Shields v. Shields 2002

30

Is Scotland is there an inherent right to maintain contact for a parent enshrined in statute?

Yes, in the 1995 act

31

In which Scottish case did the court say that access for a father was not absolute and that access is only allowed if the court believes it to be in the child's best interest?

Porchetta v. Porchetta 1986

32

In which Scottish case was the mother refusing to allow the father access, the creation of a distressing situation and therefore grounds for refusing him contact?

Russel v. Russel 1991

33

In which Scottish case was the mother refusing to allow the father access, the creation of a distressing situation and therefore grounds for refusing him contact?

Russel v. Russel 1991

34

In which Scottish case was the welfare of the child upheld following the Russel case?

Sanderson v. McManus 1997

35

In which Scottish case was the welfare of the child upheld following the Russel case?

Sanderson v. McManus 1997

36

In which Scottish case did the court move away from the decision in Porchetta, stating that there should be contract between a father and child through the 1995 act?

White v. White 2001

37

In which Scottish case did the court move away from the decision in Porchetta, stating that there should be contract between a father and child through the 1995 act?

White v. White 2001

38

In England what 4 orders can a court make?

Contact order
Prohibited steps order
Residence order
Specific Issue order

39

Which provision in England governs the different types of orders in regard to children?

Children Act 1989 S.8

40

Which provision in England governs who can apply for the various orders?

Children Act 1989 S.10

41

Which provision in England governs who can apply for the various orders?

Children Act 1989 S.10

42

Which English case allowed for the grandmother to have custody of the child - based on the best interest principle - as in a previous decision the father had only been awarded custody as it would be 'good enough'?

Re G(Children) (Residence: Same-Sex partner) 2006

43

Which English case stated that there must be a 'tangible benefit' for the child in making an order, rather than allow the parents to sort things out themselves?

Holmes-Moorhouse v. Richmond upon Thames LBC 2009

44

Which English case reinforced placing the child's best interests first?

Re B(A child) (Residence: Biological Parent) 2009

45

Which English case stated that all cases are different and that they should be looked at as such, and that there should be no presumption?

Re G(Children) (Residence: Making an Order) 2005