1-18 of 18 Results

  • Keyword: child welfare x
Clear all

Chapter

Cover Hayes & Williams' Family Law

8. Children’s rights  

This chapter introduces some theoretical discussions concerning children’s rights and examines some ‘core’ legal provisions. It also looks at the case law related to which the issue of the legal protection of children’s interests has been explored. The focus is on the child’s right to make his or her own decisions as a possible limitation on parental responsibility, explored principally in the context of children’s medical treatment.

Chapter

Cover Hayes & Williams' Family Law

Private law disputes and issues in children cases  

This examines how the courts deal with private law issues or disputes relating to children’s upbringing, such as post-separation residence or contact disputes, or other specific issues, including international child abduction. It begins by setting out some general principles for deciding children cases which are contained in section 1 of the Children Act 1989, and procedural matters relating to such cases.

Book

Cover Family Law

Joanna Miles, Rob George, and Sonia Harris-Short

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. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law, in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: civil partnership after R (Steinfeld and Keidan) (2018); divorce law following Owens v Owens (2018) and the government’s consultation on reform; domestic abuse, including consultation ahead of the draft Domestic Abuse Bill and forced marriage; rights under the ECHR and UNCRC in children proceedings; surrogacy following Re Z (A Child) (No 2) (2016); child arrangements orders; specific issue and prohibited steps orders, including relocation law; local authority voluntary accommodation following Williams v London Borough of Hackney (2018). There is a new chapter dedicated to property and financial issues after the breakdown of relationships other than marriage and civil partnership. The introductory chapter, supported by materials on the Online Resources, considers some of the contemporary challenges faced by the family justice system.

Chapter

Cover Hayes & Williams' Family Law

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.

Chapter

Cover Family Law

8. Fundamental Principles in the Law Relating to Children  

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, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then looks at alternatives to a welfare-orientated approach. The chapter examines children’s rights as an alternative or supplement to a welfare-orientated approach. It explores the different theoretical perspectives on the concept of children’s rights; the extent to which this approach has gained acceptance within domestic family law; and the importance of the ‘non-intervention’ principle and the possible tension between a commitment to maximizing children’s welfare whilst supporting only a minimalist role for the state, including promoting family dispute resolution in the private realm.

Chapter

Cover Family Law

8. Fundamental Principles in the Law Relating to Children  

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, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then looks at alternatives to a welfare-orientated approach. The chapter examines children’s rights as an alternative or supplement to a welfare-orientated approach. It explores the different theoretical perspectives on the concept of children’s rights; the extent to which this approach has gained acceptance within domestic family law; and the importance of the ‘non-intervention’ principle and the possible tension between a commitment to maximizing children’s welfare whilst supporting only a minimalist role for the state, including promoting family dispute resolution in the private realm.

Book

Cover Family Law

Rob George, Sharon Thompson, and Joanna Miles

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. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of family law in a way that stimulates critical reflection. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. This edition provides updates and revised discussion on: the advent of mixed-sex civil partnership; a thoroughly overhauled chapter on divorce law, in light of the reform effected by the Divorce, Dissolution and Separation Act 2020; new laws relating to domestic abuse, introduced by the Domestic Abuse Act 2021; a revised analysis of Gillick competence and children’s autonomy rights in light of recent case law; and detailed consideration of the latest developments in relation to contact and domestic abuse after Re H-N (Domestic Abuse: Findings of Fact Hearings) [2021] EWCA Civ 448. Updated case law includes Guest v Guest [2022] UKSC 27, Bell v Tavistock and Portman NHS Trust [2021] EWCA Civ 1363, R (McConnell) v The Registrar General for England and Wales [2020] EWCA Civ 559, Re H-N (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448, Re H-W (Care Proceedings) [2022] UKSC 17, and Re A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41.

Chapter

Cover Bromley's Family Law

17. Public Law Proceedings Concerning Children  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This is the first of two chapters discussing child protection issues—what is often called the public law concerning children. Chapter 17 begins with a consideration of the basic dilemmas of child protection followed by an overview of the development of local authority powers. It explains the current basic legal framework and provisions for local authorities to provide services for families; specific duties and powers; accommodating children in need; and secure accommodation. The chapter ends by focusing on the local authorities’ investigative powers and duties. It covers the general duty of investigation under s 47 of the Children Act 1989; co-operating with other agencies to discharge investigative duties; emergency protection orders; child assessment orders; and police protection.

Chapter

Cover Family Law

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

Cover Bromley's Family Law

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

Cover Family Law

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

Cover Mason and McCall Smith's Law and Medical Ethics

9. Children and Consent to Medical Treatment  

A. M. Farrell and E. S. Dove

This chapter examines the law involving capacity to consent to medical treatment on the part of children and young people. An overview is first provided of key legislation and the role of the courts in the area. Thereafter, the concept of Gillick competence is then examined. Post-Gillick case law is explored in select areas, including refusals of medical treatment, objections to treatment due to religious beliefs, other welfare considerations, gender identity, and the care of critically ill young children. The final section briefly reflects on the role of human rights in promoting the autonomy of children and young people in decision-making about their own health care and how this has been interpreted by the courts.

Chapter

Cover Family Law

10. Parental Responsibility  

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 concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental responsibility and the various restrictions that may be imposed on the decision-making authority of those who hold it; and the rights and responsibilities of those adults who care for a child but do not have parental responsibility.

Chapter

Cover Bromley's Family Law

15. Children’s Participation in Family Proceedings  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter considers the increasingly important question of children’s participation in proceedings concerning them. It evaluates children’s right to participate in proceedings both as a matter of domestic and international law. It then assesses the complex law as to how children’s views are ascertained and the circumstances in which children will be represented both in private and public law. It then turns to children’s direct participation in family proceedings including children’s ability to initiate proceedings.

Chapter

Cover Bromley's Family Law

20. The High Court’s Inherent Powers in Respect of Children  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter discusses the High Court’s inherent powers in respect of children. The development of these powers, principally under the aegis of the wardship jurisdiction, was highly influential in the modern development of law and practice concerning children, and the Children Act 1989 incorporates many of its features. In detail, the chapter first considers the High Court’s exercise of inherent jurisdiction; the court’s powers; local authority use of the jurisdiction; and private law use of the jurisdiction. It then does the same for wardship.

Chapter

Cover Family Law

10. Parental Responsibility  

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 concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental responsibility and the various restrictions that may be imposed on the decision-making authority of those who hold it; and the rights and responsibilities of those adults who care for a child but do not have parental responsibility.

Chapter

Cover Bromley's Family Law

22. International Parental Child Abduction  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter concerns parental child abduction, that is, where one parent takes the child to another place or jurisdiction without the other’s consent. The chapter discusses the issue both where the abduction is within the UK and where the child is taken to a foreign jurisdiction. The chapter begins by looking at the mechanisms to prevent abduction. It then considers the inter-UK position under the Family Law Act 1986 followed by an examination of the international position first with regard to abductions to and from ‘non-Convention countries’ and then with regard to those governed principally by the 1980 Hague Abduction Convention. In the latter regard it discusses the concepts of rights of custody, wrongful removal and wrongful retention and habitual residence. It then examines the making and refusing to make orders for the child’s return and ends with a discussion about the position with regard to access.

Chapter

Cover Family Law Concentrate

6. Children—private law  

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.