section 8 orders 0.0 / 5 ? Lawlaw in relation to childrenUniversityAll boards Created by: azdwCreated on: 05-06-17 15:04 Re R (1993) is about specific issue orders 1 of 24 any parent can apply for a prohibited steps order, even if they do not have parental responsibility Re C (Minors) (Adoption: Resident orders) [1992] 2 of 24 barroness hale described parent in 3 ways in which case Re G (Children) (Residence: Same sex partner) [2006] 3 of 24 The family justice review final report 2011 highlighted... delay is still widespread in family courts regardless of s14(2) CFA 2014 4 of 24 child of the family is defined in... s105(1) CA 1989 5 of 24 what is the principle of non intervention? found in s1(5) CA 1989 an order will only be made if it is more beneficial to the child 6 of 24 the fraser competence test is found in Gillick v West Norfolk and Wisbech Area Health Authority [1986] 7 of 24 the fraser competence test is: take into account the level of maturity and understanding of the child 8 of 24 in which case did Dunn LJ state concern about the pressure placed on the child in deciding who they want to live with Adams v Adams [1985] 9 of 24 in this case, the views of 2 children differed and the court took into account the wishes of the older child Clarke-Hunt v Newcombe [1983] 10 of 24 Re P (A minor) (Education) [1991] states... opinion of 14 y o boy respected when deciding whether to go to boarding school 11 of 24 Re R (A Minor) (Residence: Religion) [1993] says.... if a childs social and emotional welfare is not affected by parents religious views then the court will not prejudice the parents 12 of 24 RE L (Contact:Domestic Violence) [2000] says court of appeal considered effect of parental abuse on child 13 of 24 Hendricks v Netherlands [1982] ECHR says rights of child under article 8 > rights of parent 14 of 24 Re O (A child) (Contact: withdrawal of application) [2003] says... contact should only be stopped when there is no other alternative 15 of 24 general presumption under s1(2A) CA 1989 (as amended by s11 Children and Families Act) says child should have relationship with both parents unless something like domestic abuse occurs - Re L (Contact: Domestic Violence) 2000 16 of 24 Jeanette Ashton in her article about s11 says swing too far in favour of fathers and little more than hollow policy statement 17 of 24 Re P (Contact: Supervision) [1996] says almost always in childs best interests to have contact with parent with whom they are not living live when parents have split up 18 of 24 which section says abut anger management course s11A CA 1989 19 of 24 which case is about the jewish transgender father only being granted indirect contact J v B (Ultra-Orthodox Judaism: Transgender) [2017] 20 of 24 Re A (Residence order) [2009] states transfer of residence is a judicial weapon of last resort 21 of 24 Re A ( A child) (intractable contact proceedings: human rights violation) [2013] says judge should create a strategy, when granting a contact order, to enforce that contact order if not complied with 22 of 24 where does an intractable contact case occur no contact is taking place between either child or parent 23 of 24 WHICH IS INCORRECT: child arrangements programme practice direction 12B at para 21 states.... imposes a requirement to undertake 40-200 hours unpaid work for breaching a s8 order 24 of 24
Comments
No comments have yet been made