Download e-book for iPad: Making Sense of the Children Act 1989 by Nick Allen

By Nick Allen

ISBN-10: 0470016256

ISBN-13: 9780470016251

ISBN-10: 0470854960

ISBN-13: 9780470854969

The kids Act is a big piece of laws that is affecting all execs operating with teenagers. because the 3rd variation of this e-book was once released in 1996, there were a few very important advancements. This Fourth version takes those advancements under consideration. issues mentioned comprise case legislations within the stronger courts; the institution of CAFCASS; and the Fostering prone rules of 2002; and lots more and plenty extra.

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Extra resources for Making Sense of the Children Act 1989

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Fathers who, for whatever reason, fail to do this can still acquire parental responsibility by entering into a section 4 agreement with the mother or, if the mother is opposed to an agreement, by persuading the court to make a section 4 order. Agreements and orders can be made at any time during a child’s minority. Statistics demonstrate very clearly the scale of what has been achieved through the enactment of section 111. In its consultation paper the Government pointed out that in 1996, 78 per cent of births outside marriage – 181,647 children – were registered by the parents jointly.

In Re KD [1988] 1 All ER 577, Lord Oliver said: As a general proposition a natural parent has a claim to access to his or her child to which the court will pay regard and it would not I think be inappropriate to describe such a claim as a ‘right’. 21. 22. 23. 24. 25. 26. 27. 10. [1997] 3 FCR 310. [1999] 2 FCR 345 and [2000] 1 FCR 307. [1995] 3 FCR 753. Section 91(12) of the Children Act. Section 21(4) of the Adoption and Children Act 2002. 16. JWBK029-Allen JWBK029-03 May 16, 2005 14:31 3 COURT ORDERS IN FAVOUR OF PARENTS INTRODUCTION This chapter is concerned with Children Act orders that the courts can make in situations where the adult parties are a child’s birth parents, whether married or unmarried.

The legislation was obscure on many vital issues and this obscurity led to considerable speculation and, indeed, differences of opinion and practice among practitioners and judges. This extraordinary state of affairs can be illustrated by reference to the situation referred to above, concerning orders for custody granted on or after a divorce. The statute in question (the Matrimonial Causes Act 1973) did not explain the meaning of the expression ‘custody’ – this, of course, was part of the problem – but the conventional view for many years was that a person granted custody in this way acquired a number of exclusive ‘rights’ over the child, covering not just his place of residence but also such matters as his education, religious upbringing and medical treatment.

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Making Sense of the Children Act 1989 by Nick Allen


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