Children Act 1989

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Parental responsibility
all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.
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Three key principles in CA 1989
Paramountcy (s1(1); no order (s1(5)); no delay (s1(3).
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Welfare checklist
(1) wishes and feelings (2) physical, emotional and educational needs (3) effect of change (4) age, sex, characteristics (5) harm suffered (6) capability of A and R to meet needs (7) range of powers (8) presumption of shared parenting s1(2)(A)).
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Child Arrangements Order
s12 CFA 2014. Regulates where child lives and with whom child should have contact.
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Prohibited steps order
Prohibit R from taking a certain specified step, eg removing child from jurisdiction.
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Specific issue.
Deals with a specific issue only, eg religion, where a child is educated.
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Can a father apply for an order without leave of the court?
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What must A do prior to issuing app
Attend a MIAM to try and resolve issues (unless domestic violence).
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What forms to issue s8 app?
C100, FM1 and if joining a party, C2.
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What is the first hearing called?
First Hearing Dispute Resolution Appointment (FHDRA).
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How soon after the application is received should the FHDRA take place?
4-6 weeks after application received.
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How soon prior to the hearing must A serve the application on R?
14 days prior at the least.
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Does A need to file a statement of service?
Yes, form C9.
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Must R file an acknowledgement of service?
Yes within 14 days of service.
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What happens at FHDRA?
(1) Timetable given (2) CAFCASS officer ideally present (3) may refer for support and assistance (4) usually direct witness statements be filed (5) other directions.
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Final hearing.
Order made - must be in writing as well. Service of order on parties thereafter.
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Three key principles in CA 1989


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Welfare checklist


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Child Arrangements Order


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