To broaden your learning, go to the online resources to read an additional chapter on elderly care (available November 2021).
www.oup.com/he/morgan1e
To broaden your learning, go here to read an additional chapter on elderly care.
Chapter
Additional Chapter: Elderly Care
Chapter
13. Adoption
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the place of adoption within the government’s child protection policy, the legal framework for adoption under the Adoption and Children Act 2002 (ACA 2002), the core principles underpinning the ACA 2002, the adoption process, and the ongoing reform agenda. It considers the application of the welfare principle to three contentious issues: (i) the importance of the birth family in an adoption dispute; (ii) trans-racial adoption; and (iii) step-parent adoptions and adoptions by a sole natural parent. The chapter also examines the issue of ‘open adoption’, focusing on adopted children’s right to information about their birth families and provision for post-adoption contact, and, finally, considers the main alternative to adoption: special guardianship.
Chapter
8. Adoption
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.
Chapter
13. Adoption
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the place of adoption within the government’s child protection policy, the legal framework for adoption under the Adoption and Children Act 2002 (ACA 2002), the core principles underpinning the ACA 2002, the adoption process, and the ongoing reform agenda. It considers the application of the welfare principle to three contentious issues: (i) the importance of the birth family in an adoption dispute; (ii) trans-racial adoption; and (iii) step-parent adoptions and adoptions by a sole natural parent. The chapter also examines the issue of ‘open adoption’, focusing on adopted children’s right to information about their birth families and provision for post-adoption contact, and, finally, considers the main alternative to adoption: special guardianship.
Chapter
11. Adoption and Special Guardianship
Julie Doughty
Adoption and special guardianship are two options to provide secure family homes for children who have been made subject to care orders and cannot return to their parents. The legal processes for adoption are complex and designed to meet children’s welfare needs while respecting the rights of adults. However, adoption is controversial, especially when courts override birth parents’ objections. Children often require ongoing support because of their experiences in early life and potential issues of post-placement contact with birth families. Fixed boundaries between state intervention and private family life in adoption can no longer be assumed.
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19. Adoption and Special Guardianship
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter discusses the law on adoption. It covers the nature of adoption and background to the legislation; comparison of adoption with other legal relationships and orders; adoption and human rights; the changing pattern of adoption; responsibility for placing children for adoption; general principles when reaching decisions about adoption; adoption service under the Adoption and Children Act 2002; placement for adoption; the procedure for the making of adoption orders; contact considerations; registration of adoption and the adoption contact register; the effects of an adoption order; transfer of parentage. It then examines the international aspects of adoption and, in that context, the 1993 Hague Convention on Intercountry Adoption. The chapter ends with a discussion of special guardianship.
Chapter
11. Adoption and special guardianship
This chapter examines the legal mechanisms by which children can be provided with long-term alternative secure family placements: the law on adoption and special guardianship. Topics discussed include: decision-making in relation to adoption; adoption agencies’ role in assessing suitable adoptions; rules relating to parental consent in adoption cases; placement for adoption; applications to adopt; post adoption contact; revocation of adoption; and special guardianship orders.
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9. Becoming a Legal Parent and the Consequences of Legal Parenthood
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how the status of ‘legal parenthood’ is acquired under English law. It considers different concepts of parenthood and possible approaches to determining legal parenthood; the current legal framework for identifying a child’s legal parents where a child is conceived through natural procreation; and the problems and challenges raised by the use of assisted reproduction techniques and surrogacy.
Chapter
9. Becoming a Legal Parent and the Consequences of Legal Parenthood
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how the status of ‘legal parenthood’ is acquired under English law. It considers different concepts of parenthood and possible approaches to determining legal parenthood; the current legal framework for identifying a child’s legal parents where a child is conceived through natural procreation; and the legal and social challenges raised by the use of assisted reproduction techniques and surrogacy.
Book
Nigel Lowe, Gillian Douglas, Emma Hitchings, and Rachel Taylor
Bromley’s Family Law has an enduring reputation as the definitive text on the subject. Its hallmark qualities of clarity, authority, comprehensiveness and readability have been relied upon by generations of readers. The text presents a broad treatment of the key issues relating to adult and child law. Each chapter provides an up-to-date critical discussion of the current legislative and case law position (including European Court of Human Rights’ decisions), proposals for reform and issues of current concern. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area covering the 1996 Hague Convention on the Protection of Children and reflecting the UK’s departure from the EU. This edition has been updated to provide up-to-date coverage on heterosexual civil partnerships, religious marriage (non)-recognition, the 2020 Domestic Abuse Bill, forced marriage protection orders, female genital mutilation protection orders, stalking protection orders, the Divorce, Dissolution and Separation Act 2020, online divorce, transgender parenthood, surrogacy, parental orders, child arrangement orders, radicalisation, and voluminous case law across all topics.
Chapter
18. Care and Supervision
N V Lowe, G Douglas, E Hitchings, and R Taylor
The Children Act 1989 places considerable importance on local authorities working in partnership with families and the avoidance wherever possible of court proceedings. However, the Act also makes provision, in the form of care and supervision orders, for compulsory measures to be taken to safeguard and promote children’s welfare. This chapter focuses on care and supervision orders. It covers the initiation of proceedings; the threshold criteria, which refers to conditions set out by s 31(2) that must be satisfied before a care or supervision order may be made; the ‘welfare stage’, where the court must, pursuant to s 1(1), regard the welfare of the child as the paramount consideration; tackling delay in care proceedings; court orders; appeals; and discharge of care orders and discharge and variation of supervision orders. The chapter ends by discussing the position of children in local authority care, focusing on the critical issue of contact with children in care.
Chapter
12. Child Protection
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.
Chapter
12. Child Protection
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.
Chapter
12. Child Protection: Care, Supervision, and Adoption
This chapter looks at what happens in issues of child protection when compulsory intervention in the form of care or supervision applications is needed. It considers the legal tests, the processes, and the practicalities involved in proceedings and decisions about what should happen after intervention. For intervention to take place, the local authority must satisfy the court that the child in question is suffering or likely to suffer significant harm attributable to their care or to them being beyond parental control. As far as the court is concerned, the best interests of the child are paramount. The court has to consider all realistic options for the child's future.
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12. Child Protection: Care, Supervision, and Adoption
This chapter looks at what happens when compulsory intervention to protect children, in the form of care or supervision applications, is needed. It considers the legal tests, the processes, and the practicalities involved in proceedings. It analyses the legal test for making the child subject to a care or supervision order—that the child in question is suffering or likely to suffer significant harm attributable to their care or to them being beyond parental control—before turning to what happens when this test is met. As far as the court is concerned, the best interests of the child are paramount. The court has to consider all realistic options for the child’s future, including a return to the birth family, foster care, special guardianship, supervision, and adoption. It looks in depth at the law surrounding adoption and the human rights implications of changing a child’s family.
Chapter
11. Child Protection: State Support for Children
This chapter considers how the Children Act 1989 provided a legal framework within which the state can support children to remain with their families through difficult situations and intervene to protect them when they face unacceptable risks. The chapter starts by giving a brief history of child protection law. The chapter then looks at the inherent tension in protecting children while aspiring to support their life with their families, before considering local authorities' powers and duties, resources, and the ever-increasing numbers of children who are involved with social services, whether as c hildren in need, looked after children, or as subjects of child protection investigations or applications.
Chapter
11. Child Protection: State Support for Children
This chapter considers how the Children Act 1989 provides a legal framework within which the state can support children to remain with their families through difficult situations and intervene to protect them when they face unacceptable risks. The chapter starts by giving a brief history of child protection law. It then looks at the inherent tension between protecting children while aspiring to support their lives with their families, before considering local authorities’ powers, duties, and resources. It considers why there are ever-increasing numbers of children who are involved with social services, whether as children in need, looked after children, or as subjects of child protection investigations or applications.
Chapter
6. Child Support
Lara Walker
Child support in England and Wales is predominantly dealt with by the Child Support Act 1991. Many people believe that parents should provide support for their children, that separated parents should continue to provide support, and that single parents are entitled to support for the child from the non-resident parent (usually, but not always, the father). However, the difficult factor is finding a theoretical underpinning for this duty which is believed, by many, to exist. This chapter begins by looking at some of the theories on child support and problems associated with these theories. It then looks at the government policy on child support in order to establish whether the policy is built on any of these theories and, if so, how closely it actually relates to the theory.
Chapter
7. Child Support
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter considers the law governing parents’ duty to provide financial support for their children. It discusses the key features of the child support regime and then examines the residual role of the courts to make financial provision orders for children. It also discusses private agreements between parents.
Chapter
A child’s parents: parentage, parenthood, and parental responsibility
This chapter examines the law on legal parenthood (including establishing paternity) and the allocation, acquisition, nature and scope of parental responsibility. The law has had to address a number of questions in light of medical advances and social change. Who is a child’s mother when a woman gives birth to a child conceived as a result of egg donation by another woman? How is the law on surrogacy to be regulated? Can a female-to-male transsexual person become a child’s father via assisted conception (or indeed a mother if he gives birth)? Is a mother’s same-sex partner to be recognised as her child’s parent too? If so, in what sense? As this last question suggests, the law’s response is also complicated by the fact that the notion of ‘being a parent’ has several different facets.
