section 8 orders

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  • Created by: azdw
  • Created on: 05-06-17 15:04
Re R (1993) is about
specific issue orders
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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]
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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
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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
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Other cards in this set

Card 2

Front

any parent can apply for a prohibited steps order, even if they do not have parental responsibility

Back

Re C (Minors) (Adoption: Resident orders) [1992]

Card 3

Front

barroness hale described parent in 3 ways in which case

Back

Preview of the front of card 3

Card 4

Front

The family justice review final report 2011 highlighted...

Back

Preview of the front of card 4

Card 5

Front

child of the family is defined in...

Back

Preview of the front of card 5
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