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Family Law

Question: Consider critically and analytically the extent to which the law and social policy in England and Wales serves to address and promote the needs of disabled children.

Answer: There is little doubt that disabled children represent some of the most vulnerable members of our society and as a distinct and identifiable group, their needs have historically been given less attention by policy makers than those of their non disabled counterparts. Despite advances in both health and social care and changes in public attitudes and political rhetoric, there is clearly a long way......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: In English, Scottish and Northern Irish Law what is comprised in the term, the welfare principle in their respective civil family jurisdictions. (5 Marks)

Answer: Section 1 (1) of the Children Act 1989 sets out general principles about how decisions should be made within court proceedings. When a court determines any question with respect to a) the upbringing of a child; or b) the administration of a child’s property or the application of any income arising from it, the child’s welfare shall be the court’s paramount consideration The child’......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Section 1(4) Children Act 1989 provides that the court may make a range of orders subject to the provisions of Section 1 in a range of proceedings. Describe all the types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed.

Answer: The types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed are as follows. A Residence Order (s 8 (1)) says where the children will live (not to whom the child belongs). It will be possible to make more than one Residence Order but is likely only to be done where the Court considers it in the best interests of the children to do so. Wher......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Compare and contrast the differing definitions of Parental Responsibility provided in the Children Act 1989 and Children (Scotland) Act 1995.

Answer: Under Section 3 (1) of the Children Act 1989 parental responsibility is defined as 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. However, the definition itself does not accurately portray the true nature and scope of parental responsibility which must therefore be deduced from case law and other statu......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Case Study

Vivien and Cyril have five children billy aged 13, the son of Vivien’s first husband and a convicted armed robber, twins Sam and Sue, who are 9 and severely dyslexic, bobby who is 6, who is slow and withdrawn and phoebe, their 13 month old baby. Billy is always getting into trouble and has already had a number of informal cautions from the police. Sam and Sue have been statemented under the Education Acts but little has been done for them in a poor school on a OFSTED Warning List. Bobby has failed to reach his developmental milestones and the Health Visitor who has seen him as well as the baby is so worried about all the family that he has told Social Services that a Child Protection Conference should be convened.

Who should be present at the Conference and what issues arising from the Children Act 1989 should be considered? What are Vivien and Cyril’s ‘rights’ under the Act?

Answer: It would appear that there are a number of complex and significant difficulties evident within the family, ranging from the offending behaviour of Billy for whom presumably Cyril does not have parental responsibility, to the lack of developmental progress made by Bobby. The twins Sam and Sue also have specific learning difficulties identified as Dyslexia, for which neither the school nor Educatio......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Set out the definitions of child, mother and father provided by English law and how different do you think they are from what the ordinary person on the Clapham Omnibus might think? (4 Marks)

Answer: The Children Act 1989 (Section 105) and the Family Reform Act 1969 define a child as someone under the age of eighteen years. The Children Act 1989 as well as other legislation also uses the word child to indicate a relationship with its parents as in the Mental Health Act 1983 and the Inheritance Provision for Family Dependants Act 1975, even though referring to someone who has attained the age ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss critically the concept of significant harm as provided for and defined in Section 31 Children Act 1989.

Answer: The notion of significant harm is central to the legal and statutory child protection system in this country and forms part of the threshold criteria to be reached before the state in the guise of the local authority or the court should intervene into the private workings of family life. Under Section 31 (2) of the Children Act 1989 before making a care or supervision order, the court must be sat......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent and for what reasons would you agree with Goldstein, Freud and Solnit’s view that:

‘... to acknowledge that some parents, whether biological, adoptive or long-time foster may threaten the well-being of their children is not to suggest that state legislatures, courts, or administrative agencies can always offer such children something better and compensate them for what they have missed in their own home. By its intrusion the State may make a bad situation worse, indeed, it may turn a tolerable or even good situation into a bad one.’ (Before the Best Interests of the Child, 1990)

Answer: The extent to which the state can and should intervene into the workings of the family and particularly the nature of parenting and care children receive has been the focus of debate for some considerable time. For some, the right of parents to bring up their children as they see fit free from state interference represents a fundamental principle, whilst for others the well being and protection o......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Ruth is a heroin addict and works as a prostitute to pay for her addiction. She has two children, Daniel aged 13, and Ellie aged 2. Ruth has never been married, nor has she ever entered into a parental responsibility agreement with either of the children’s fathers. She does not know who Daniel’s father is. Ellie’s father is also a heroin addict. He has no interest in his daughter................Advise Ruth as to what powers the Local Authority has in terms of protection for the children. Advise as to both the short term and long term options. (You are not required to consider adoption)

Answer: In answering this question, the relevant statute that applies is the Children Act 1989 which deals with the local authorities and their powers of intervention. In order for the child to be placed into the care of the local authority the child has to be considered as being ‘in need’ which section 17(10) of the act defines as being a child who requires local authority services to maintain or ac......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: As the significance of marriage declines in family law there is no longer any justification for excluding cohabitation from full legal recognition. Discuss.

Answer: As the question assumes that the significance of marriage is declining in family law, the first task of this essay will be to establish whether this is factually the situation. This will be ascertained using trends in the divorce rate, the effect of statutes on marriage, and consideration of whether marriage was ever particularly significant in family law anyway. The justification, if one exists......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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Family Law

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