section 8 orders
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- Created by: azdw
- Created on: 05-06-17 22:15
s12 CFA 2014
changed residence and contact orders to child arrangements orders
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Re R [1993]
specific issue orders
2 of 41
Re H (prohibited steps order) [1995]
prohibited steps orders
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re C (Adoption: residence order) [1992]
a parent without parental responsibility can apply for a s8 order under s10(4)
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s10(4) CA 1989
a parent without parental responsibility can apply for a s8 order
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s10(9) CA 1989
those who cannot apply under s10(4) can apply under s10(9) for leave of court
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Re G (children) (residence: same sex couples) [2006]
baroness hale said 3 ways of being parent
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3 ways of being a parent according to baroness hale
genetic, gestational, social and psychological
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s1(3) CA 1989
court must consider the welfare checklist under this section in considering whether to grant a s8 order
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s1(2) CA 1989
any delay in proceedings is considered to be detrimental to the child's upbringing
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s14(2) CFA 2014
proceedings should be commenced within 26 weeks
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Family Justice Review Final Report 2011
proceedings are not usually commenced within the 26 week time reccomendations
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s12(1A) 1989
the court must consider under this section whether to award parental responsibility to the parent who doesn't have the residence order
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J-S [2002]
in practice it is extremely rare for the courts to refuse to grant PR, in this case the father was using his contact order to harass the mother but they still gave him PR because he met the requirements under Re H [1991]
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Re H [1991]
says requirements as to whether to award parental responsibility or not
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s1(4) CA 1989
court must adhere to principles of welfare checklist
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s1(1) CA 1989
courts paramount consideration must be the welfare of the child
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guillick v west norfolk health authority [1986]
fraser competence
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fraser competence
take into account child's maturity and understanding
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clarke v newcombe [1983]
two siblings had different desires and the court went with the views of the older sibling
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Re P (a minor) (education) [1991]
14 year old boys wishes were taken into account when deciding whether he should be sent to boarding school or not
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Re R (a minor) (residence: religion) [1993]
if the religious orientation of parents and in relation to childs upbringing is not detrimental to their social or emotional wellbeing the court will not be prejudicial against the parent
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J v B (ultra orthodox judaism transgender) [2017]
father only permitted indirect contact because
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J v B (ultra orthodox judaism transgender) [2017]
father only permitted indirect contact because
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J v B (ultra orthodox judaism transgender) [2017]
father only permitted indirect contact to avoid detriment to child's societal welfare
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Re L (contact: domestic violence) [2000]
domestic violence is not a bar to contact but it is one factor to consider delicately when exercising discretion
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Re O (a child) (contact: withdrawal of application) [2003]
said contact should only be withdrawn as a last resort where there is no alternative
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s1(2A) CA 1989 as amended by s11 CFA 2014
general principle is child should have relationship with both parents as it is beneficial to their upbringing
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Re L (contact:domestic violence) [2000]
parental involvement principle can be rebutted in cases of domestic violence
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Jeanette Ashton in her 2015 article
said s11 CFA 2014 was a swing too far in favour of fathers and nothing more than a hollow policy statement
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Re P (contact: supervision) [1996]
it is almost always in the childs best interests to have contact with the parent who does not possess the residence order
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s11A CA 1989
a parent should undergo an activity to promote contact such as anger management
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s63 magistrates court act 1980
if one party fails to comply with a s8 order thats in place they are subject to a fine or up to 2 years imprisonment
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A v N [1997]
if one party fails to comply with a s8 order thats in place they are subject to a fine or up to 2 years imprisonment
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s11J CA 1989
can also be subject to 40-200 hours unpaid work if do not comply with s8 order
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Re A (residence order) [2009]
transfer of residence is a judicial weapon of last resort
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Re S (transfer of residence) [2010]
transfer of residence can be done even if the child wishes to remain
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Re A (a child) (intractable contact proceedings) [2013]
when making a contact order the court should also create a strategy to enforce that order in event of non compliance
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s11J (7) CA 1989
court should consider the welfare of the child in circumstances of transfer of residence
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child arrangements programme practice direction 12B para 21
sets out what court should consider when enforcing a contact order. reasons for non compliance, childs wishes and feelings, advice from Cafcass
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family law protocol 4th edn
endorses a commitment to resolve disputes in a non confrontational manner so as to encourage agreements
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Other cards in this set
Card 2
Front
Re R [1993]
Back
specific issue orders
Card 3
Front
Re H (prohibited steps order) [1995]
Back
Card 4
Front
re C (Adoption: residence order) [1992]
Back
Card 5
Front
s10(4) CA 1989
Back
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