6. Children—private law

2020 ◽  
pp. 103-124
Author(s):  
Susan Heenan ◽  
Anna Heenan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on private law matters concerning children under the Children Act 1989, particularly sections 1 and 8. It begins by looking at who is a parent and explaining the concept of parental responsibility and who has it. The chapter then considers the factors considered by the courts to resolve disputes over aspects of a child’s upbringing, including the welfare principle, the welfare checklist, the ‘no delay’ principle, the ‘no order’ principle, and the presumption of continued parental involvement.

Author(s):  
Susan Heenan ◽  
Anna Heenan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on private law matters concerning children under the Children Act 1989, particularly sections 1 and 8. It begins by looking at who is a parent and explaining the concept of parental responsibility and who has it. The chapter then considers the factors considered by the courts to resolve disputes over aspects of a child’s upbringing, including the welfare principle, the welfare checklist, the ‘no delay’ principle, the ‘no order’ principle, and the presumption of continued parental involvement.


2020 ◽  
pp. 146-165
Author(s):  
Susan Heenan ◽  
Anna Heenan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on adoption as a means to terminate the legal relationship between a child and their birth parents. It considers the human rights aspects of adoption and different types of adoption and discusses adoption proceedings in England and Wales under the Adoption and Children Act 2002. The chapter then explains the role of local authorities and adoption agencies under section 2 of the Adoption and Children Act 2002, and placement for adoption, parental responsibility, and parental consent. It also highlights the welfare of children as considered by an adoption agency or a court when making a decision affecting the child. Finally, the chapter examines alternative orders: child arrangements order, parental responsibility, special guardianship order, and no order. This edition now includes reference to the Special Guardianship (Amendment) Regulations 2016.


Author(s):  
Jose M. Martín-Criado ◽  
Jose A. Casas ◽  
Rosario Ortega-Ruiz

From an increasingly early age, parents face the challenge of educating their sons and daughters to act in the world of offline and online relationships. If for professional educators it is not proving easy, the involvement and guidance of parents in their children′s use of the internet seems to be a complex and unexplored challenge. This work aims to analyse the variables that influence digital education and determine a predictive model of positive parental involvement. This study was done with a representative sample consisting of five hundred and ninety-six families (596), representing the parents of children from schools with similar socio-cultural indexes. To do this, and using self-report instruments convertible into independent scales, four predictor variables were analysed: (1) parental knowledge of cyberbullying; (2) perception of parental competence in this regard; (3) parental perception of online risks; and (4) the attribution of parental responsibility in digital education. A structural equations model (SEM) examined the predictive value of these variables with respect to positive parental involvement. The structural equations model confirmed direct and mediated relationships between the independent and mediating variables on the dependent variable: parental supervision. The results indicate that positive parental involvement can be predicted from higher scores in parental knowledge of cyberbullying, perception of parental competence, risk adjustment, and attribution of parental responsibility.


Perspectivas ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 109-120
Author(s):  
Manuela Sancho ◽  
◽  

The Civil and Commercial Code has introduced numerous changes in the institute of parental responsibility as a result of the process of constitutionalization of private law. The author invites to reflect on how these changes have recepted the international paradigms on child protection and what are the pending challenges.


Author(s):  
Ruth Gaffney-Rhys

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable. and non-existent marriages; divorce and judicial separation; domestic violence; family property; financial relief and child support; parenthood and parental responsibility; children's rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.


2010 ◽  
Vol 35 (1) ◽  
pp. 7-13 ◽  
Author(s):  
Thea Brown ◽  
Alison Lundgren ◽  
Lisa-Maree Stevens ◽  
Jennifer Boadle

Although the new family law legislation, the Family Law (Shared Parental Responsibility) Amendment Act of 2006, seeks to implement the notion of ongoing and collaborative parenting of children following parental partnership breakdown, separation and divorce, institutional obstacles still prevent the realisation of this policy. The question then arises: can such a model of separation and divorce be achieved? This question is examined through a discussion of a series of studies undertaken by a Monash University research team investigating parents' involvement in their children's schooling following parental separation and divorce. The research, building on a number of small studies carried out in Western Australia, looked at parents' and teachers' views of schools' ability to relate to separated and divorced parents and the wider difficulty of schools managing this family form.


Author(s):  
Susan Heenan ◽  
Anna Heenan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on adoption as a means to terminate the legal relationship between a child and their birth parents. It considers the human rights aspects of adoption and different types of adoption and discusses adoption proceedings in the UK under the Adoption and Children Act 2002. The chapter then explains the role of local authorities and adoption agencies under section 2 of the Adoption and Children Act 2002, and placement for adoption, parental responsibility and parental consent. It also highlights the welfare of children as considered by an adoption agency or a court when making a decision affecting the child. Finally, the chapter examines alternative orders: child arrangements order, parental responsibility, special guardianship order, and no order. This edition now includes reference to the Special Guardianship (Amendment) Regulations 2016.


Author(s):  
Viktória Harsági

AbstractThe present writing is the fifth part of a series entitled “Hungarian Case Law Relating to European Private Law”, which presents the essence of court decisions made since last summer. Similarly to the earlier years, the majority of the cases concern questions of family law, more specifically, questions relating to parental responsibility. Besides three decisions of the Curia (Kúria) relating to this topic, the Curia has delivered its first decision on the European order for payment procedure, which decision will be presented in the present article as the first in order.


Author(s):  
Polly Morgan

Family Law illustrates the diverse applications of modern family law through real-world scenarios. It starts off by looking at marriage and civil partnership. It moves on to financial provision on divorce and cohabitants and remedies not dependent on divorce. It looks at financial support for children and the various protections in place for domestic abuse. Parenthood and parental responsibility are examined in detail. Children’s rights and welfare are also looked into. Finally, the book considers private law disputes and children and child protection in terms of state support and care, supervision, and adoption.


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