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12 Cards in this Set
- Front
- Back
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Butler-Sloss, R v E |
Why it's better to get CAO than PR |
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Re G |
Interim ex parte orders should only be made in exceptional circumstances |
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Re R - Blackpool, overturned; B v B - Newcastle, exceptional case |
Geographical location (UK) cases |
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S 13(1)(b); Re H - Northern Ireland, welfare dictated it would be bad idea |
Geographical location (overseas) |
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Re D |
Residing with other parties, but struck down |
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Riley v Riley - need for settled home prevailed; D v D - courts should not put gloss on statute, if planned/turned out should make order; Holmes-Moorhouse - shared residence orders not nowadays unusual, HL approval |
Shared residence orders |
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Family Justice Review, can put children at risk of harm from unsuitable parents |
Advice against statutory presumption of shared parenting |
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S 1(2A) |
Presumption of continued parental involvement |
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Re D [1999] - father had primary claim; Re G - Lord Nicholls' accidental presumption; Re B - grandmother got child over father but child was settled, welfare takes priority; Re E-R - no contact with father for a while + child had suffered from upheaval and more likely to thrive if settled, should never elevate parenthood over paramountcy of welfare. DON'T GO BEHIND ELVET-RIVERSIDE |
Biological parents cases |
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Re D - lifestyle choice, potentially worse off; B v B - militant v private lesbians; C v C - spectrum of desirable constructs; Salgueiro da Silva v Portugal - homosexuality as key factor in welfare discriminatory |
Homosexual presumption cases |
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S 2 CA; Re W - rebuttable presumption that best interests of baby served by being with mother; Re S [1991] - welfare of child paramount, no presumption but natural for young child to be with mother; Re G - lesbian couple with one biological mother, she got residence order as mothers are 'special', 'important + significant' factor; Re S [2010] - CAO granted to estranged father over mother despite child being settled with mother + her being good carer, only thing she did wrong was cut off father |
Maternal presumption cases |
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S v S - where possible keep siblings together for emotional support; B v B - desirable, but should not override other factors |
Siblings cases |
