Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Family > children act > Flashcards

children act Flashcards

(88 cards)

Start Studying
1
Q

purpose of cafcass

A

safeguard / promote welfare of children
give advice to court re any applications
make provisions for children to be represented- provide info, advice, and support for children and their families

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is parental responsibility s3(1) CA 1989

A

all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation t the child and his property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

when does PR cease

A

child is sufficiently mature to make decision for himself GIllick

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

who has PR

A

married parents -> joint
unmarried -> mother has sole PR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

how can PR be acquired

A

being registered on birth certificate
entering into PR agreement with mother s4(1)(B)
applying to court for PRO s4(1)(c)
being appointed as guardian either by mother/court
obtaining CAO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is PR agreement

A

agreement giving father joint PR with mother- for unmarried parents living together

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

effect of PRA

A

same as that if a PRO had been made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what form must a PRA be made in

A

prescribed form
signatures witnessed by justice of the peace, recorded by sending 2 copies to family court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

can PRA be ended via agreement

A

no - ends once child reaches 18 or court order has been obtained

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is a PRO

A

court order giving father joint PR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what if there are disputes re paternity

A

court discretion for blood tests s20(1) FLRA 1969

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what do courts consider when granting PRO

A

welfare principle & non intervention principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

RE H

A

fathers degree of commitment to child
state of fathers current relationship with child
fathers reason for making application
genuine concern for child / genuine which to assume responsibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what if father cant exercise his responsibilities

A

committed father can be granted PRO if it is in the best interests of childs welfare Re C

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

when might courts refuse PRO

A

it is clear father may abuse pR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

how can application for PRO be made

A

to family court, using standard application form

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what is CAO

A

an order dictating where a child lives

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what if father does not have PR but has CAO

A

s12(!) they must make PRO in favour of father

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

how can a mother appoint father as guardian

A

in her will - father acquires PR on her death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what if mother hadn’t appointed a guardian on her death

A

court has the power to appoint a guardian / father could apply

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what if mother with sole PR has appointed someone other than father as guardian

A

appointment takes effect on her death- guardian has sole PR
father can challenge by applying for CAO/PRO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what if father acquires PR during mothers lifetime

A

guardian appointment postponed whilst surviving parent has PR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

how can mother safeguard against father having PR

A

seek CAO naming whom the child is to live with

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

can step parents/ civil partner obtain PR

A

s4A yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
R v C
court granted PR to step parent, deemed to be in child's best interest
26
who else can have PR
local authority anyone granted a residence order court= if child is made a ward of the court any obtaining special guardianship order CAO in favour of one not named parent/guardian CAO names non parent as one whom child should spend time with
27
can one lose PR as another acquires
no s2(5)
28
can local authoirty determine extend to which parent may meet PR
yes s33(3) CA 1989
29
situations in which parent loses PR
death childs adoption s46 parental order re surrogacy unmarried father/second female parent who acquires PR via PRO anyone other than unmarried father automatically once CAO terminates
30
can multiple people with PR act alone without consulting anyone else
Re C - joint PR does not confer right to change childs surname- good practice to refer to court all disputed issues Re J- important issues to go to court for specific issue order notwithstanding s2(7)
31
how can another parent challenge a decision made by the other parent
application to court for specific issue order / prohibited steps order
32
is it possible to transfer / surrender PR
no s2(9) can be delegated on temporary basis (school trip , nanny)
33
do temporary carers acquire PR
no s3(5) they do what is reasonable in the circumstances of the case to promote childs welfare
34
what are the 3 s8 orders that can be made
child arrangement order prohibited steps order specific issue order
35
how long does s8 order last
until child reaches 16/18 in exceptional circumstances s91(1)
36
whatre CAO
order regulating arrangements relating to a ) with whom a child is to live, spend time/ otherwise have contact b) when a child is to live, spend time / otherwise have contact
37
can CAO be made in favour of non parent
yes- automatic PR afforded to them s12(2)(A)
38
primary concern re CAO
childs welfare Re B
39
can CAO be made for shared living arrangements
yes- order specifies the period child is to live in different households
40
what is required for change of surname
written consent of every person holding PR; or court leave s13(1)
41
what will courts base decision on re change of surname
welfare principle- embarassment to child, child wishes, extent to which surname is important to maintain links with parent/other relations
42
rules re removing children from UK
no person may remove child from UK without: written consent of every person with PR; or leave of court s13(1)
43
when can a child be taken out of the uk without consent
for period of under 1 month by someone with CAO
44
how can process requiring for consent be removed
court adds direction authorising removal to avoid repeated applicaitions
45
what will courts base decision on when considering taking a child abroad
welfare principle
46
what if there are legitimate risks a child may not be returned
Re K principles a) magnitude of the risk of breach if permission is given magnitude of consequences of breach if it occurs level of security that can be achieved
47
what if emigration is intended
welfare of child paramount Re F; court must apply principles of s1 CA
48
what if there are concerns re future contact arrangements
court can impose conditions Re S (eg resident parent deposit a large sum of money)
49
what if parent wishes to relocate within the UK
does not require court consent
50
what if non resident parent opposes move
aplication through PSO ir CAO
51
what types of contact does CAO cover
physical contact letter, telephone,e mail amount of time can be specified
52
what is a local child contact centre
opportunity, sets out contact to take place where contact may be difficult
53
what is trad approach re CAO
child has the right to know both parents Re Q
54
when will a court prohibit contact
parents conduct emotional welfare, stability of child attitude of step parent
55
J v B
court refused direct contact- concerns it would leave mother/children marginalised with severe consequences
56
what was desided in Re H re domestic abuse
DV is not itself a bar to contact
57
RE K
mother so traumatised by father behaviour, direct contact lead to anxiety and fear -> sig emotional harm to child
58
which PD applies where DV is alleged
FPR 2010, PD 12 J
59
what must courts consider in every DV case
whether presumption of s1 ca should apply; whether child ought to be represented separately detailed consideration to determine issue of violence
60
what if DV has been foun
if any party should seek advice, treatment or other intervention as precursor to CAO
61
what should courts consider when DV has occurred re CAO
conduct of parents towards each other and towards child, its impact - effect of dv on child and living arrangement - effect on childs relation with parent - whether parent wishes to promote childs best interests - likely behaviour during contact of alleged - capacity of parents to appreciate past dv and potential for future
62
what happens following CAO in DV
risk assessment- whether conact should be supervised/reviewed by court at a later date - consider directions which should be attached - whether order under s 91(14) CA is appropriate
63
what happened in Re H-N
highlighted concept of coercive behaviour
64
what does s11A-11H give courts the power to do
make activity directions / conditions with the aim of maintaining, establishing, or improving involvement in life of the child and of that individual
65
ex of activities that can be subject to a direction
programmes, classes, counselling, guidance sessions
66
court enforcement of CAO
s34 FLA - court can penalise in costs, contempt proceedings where parent unreasonably refuses contact
67
what're intractable cases
resident parent refuses contact without objective justification aka implacable hostility
68
what is parental alienation
childs resistance towards one parent unjustified, physchological manipulation b yother parent
69
what can courts do where parental alienation occurs
transfer residence with other parent- test is childs welfare
70
what other powers do courts have to enforce breach of contact
warning notice- enforcment order impoisng unpaid work for up to 200 hours compensation for financial loss
71
what is PSO
order that no step shall be taken by a parent without court consent
72
what cant a PSO overlap with
CAO- Re W if a child is abducted, correct order is CAO not specific issue/ PSO
73
restriction on PSO
can only relate to matters included within PR
74
what is a specific issue order
order to determine a specific issue that has arisen not a general power- decision on one issue over which there is unresolved disagreement
75
examples of specific issues
school child will attend whether child will have particular operation
76
what is family assistance order
s16 allowsc ourt to make an order requiring cafcass family adviser to advise, assist, and befriend any person named in the order to support family lasts 12 months
77
what is a special guardianship order
type of order appointing one or more individuals to be a child's special guardian
78
effect of special guardianship order
gives holder PR
79
who can apply for SGO
18 or over anyone named in CAO as one child is to live relative/foster carer anyone with court leave
80
procedure for SGO
LA 3 months notice of intention to apply -> investigation and preparation of report
81
what must court consider re SGO
welfare principle welfare checklist no order principle
82
what does s 1 welfare principle dictate
when court determines any question re the upbringing of a child or administration of the childs property the childs welfare shall be the courts paramount consideration
83
what is welfare principle used for
contested proceedings under s8 care proceedings
84
what if art 8 echr conflicts with welfare principle
childs interests prevail Yousef
85
presumption re parental involvemtn
involvement of each parent
86
when is it an offence to take child out of the uk
without consent of all persons with PR or court leave
87
when is it okay to take a child out of the UK
person is named in CAO and sends child for under a month
88
port alert procedure
real / imminent risk the child will be taken from the uk (within 24-48 hours) physically prevents child from being taken abroad

Family (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions