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10 Cards in this Set
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Parental responsibility s3(1) CA 1989 |
All the rights, duties, powers, responsibilities & authorities which by law a parent of a child has in relation to that child and his property. Mother's have automatic PR father's have PR if they are named on BC or married to mother at time of birth or by obtaining a court order for PR or child arrangements order |
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Child arrangements order (s12 CFA 2012) |
Names person with whom child is to live. Names the person with whom child is to have contact with. Contact with both parents is right of the child however best interests of child will be considered. If a child arrangements order is granted, this also results in PR |
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Specific issue order |
These orders can resolve disputes for example regarding a child's religion. An order could prevent a parent from bringing a child up in a particular faith |
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Procedure for obtaining an s8 order |
Attend MIAM. Applicant completes form C100. Applicant files at court. Within 24 hours of filing, court serves on applicant and respondent the following; form C100, notice if hearing form C6, acknowledgement form C7, blank form C1A. Within 48 hours of filing, court serves CAFCASS copy forms C100 and C6. Respondent files and serves acknowledgement within 10 days. First hearing dispute resolution takes place after 5 to 6 weeks. DRA if ordered. Hearing and orders made. |
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Parental responsibility rights & duties |
Make decisions about care and upbringing. Make decisions about a child's property. Duty to maintain the child. Duty to ensure education and choose education. Right choose surname. Right to choose religion. Right to consent to medical treatment. Appoint a guardian to look after children on death of parents. Authorise marriage under 18. Be involved as party in proceedings under CA 1989 |
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Principles applied under CA 1989 |
Welfare principle s1(1) Childs welfare shall be the paramount consideration in all proceedings which affect him. The no order principle s1(5) court should not make an order unless satisfied that it will be better for the child than making no order at all. The no delay principle s1(2) any delay in determining a question with respect to a child's upbringing is likely to prejudice welfare of the child |
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Factors court takes into account s1(3) CA1989 |
Wishes and feelings of the child concerned in the light of his age and understanding. The childs physical, emotional and educational needs. The likely effect on the child of a change of circumstances. Any harm which the child has suffered or is at risk of suffering. The childs age, sex, background and any characteristics the court considers relevant. The capability of childs parents to meet the childs needs. Range of powers available to the court under CA 1989 in those particular proceedings |
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S8 orders |
Child arrangements order sets out where the child will live and who they will have contact with. Prohibited steps order prevents someone from taking a step relating to the child e.g. taking them abroad. Specific issue order allows the court to decide about a specific matter relating to childs upbringing e.g. which school child should go to. |
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Who can apply for s8 order |
Under s10(1) CA 1989 a child's legal parents inc natural father's without PR, a child's guardian, a step parent with PR and anyone named in a child arrangements order as person who child will live with have an automatic right to apply for any s8 order. The following can apply for a child arrangements order only, either party to marriage or CP whether or not it has been dissolved, anyone who child has lived for 3 out of past 5 years. Anyone who has obtained parents consent. Relatives of who child has been living for past year can apply for the child to live with them. Anybody else including the child can apply with the permission of the court |
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Family Assistance Order s16 CA 1989 |
Requires a social worker or CAFCASS officer to be available to advise, assist and befriend any person named in the order. Orders can last 12 months and can provide assistance in setting up arrangements for contact after separation and divorce with consent of everyone involved |
