Family Law and Practice LPC LG07 d1

LEGAL PRACTICE COURSE

Family Law
Large Group 7


Topic(s):
 The Children


Learning Outcomes:
By the end of this session you will be able to:
 Identify the range of orders available in children cases;
 Understand the concept of parental responsibility; and
 Explain the basic principles which inform the solicitor acting for a client in contact
arrangements for children


Session Activities:
 Tutor led discussions
 Consideration of problems in small groups


Materials Attached:
 In-Session Task: Workbook


Preparation for Session:
 Read chapter 13 Family Law in Practice CLP
 Read and familiarise yourself with Part 12 FPR 2010
 If necessary you can complete this reading after the session


Post-Session:
 Review your notes from this session and re-read Chapter 13 in preparation for Workshop
13




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,In-Session Task: Workbook


1. Learning Outcomes

By the end of this session you will be able to:

 Identify the range of orders available in private children cases
 Define the concept of parental responsibility
 Explain the principles (statutory checklist) used by the court
 Considered financial arrangements for children

With any order, the welfare of the child is paramount.

CA doesn’t distinguish between married and unmarried couples. With regards to
maintenance, married couples are in better position compared to unmarried couple. With CA
parents are responsible for that child whether married or not.

Illegitimate children aren’t treated differently.

2. Introduction

Children Act 1989 (CA) provides a clear and consistent code for the whole of child law
• Comprehensive code for all children law
• Child focused – welfare of the child is paramount
• Part 1- introductory
• Part 2- private law
• Part 3- public law- Local Authority duties we do not cover public in this module
• Part 4- public law- care proceedings  we do not cover public in this module
• Schedule 1- financial orders
• Limited other legislation such as Child Abduction Act 1984


Substantial amendments have been made to this area of law by The Children and Families
Act 2014

In summary these are:
 An additional overriding requirement that “the courts should presume, unless the
contrary is shown, that involvement of each parent in the life of the child will further
the child’s welfare”.

 Mediation is compulsory before commencing court proceedings (unless deemed
unsuitable).

 If mediation fails, a “swift” court procedure has now been implemented – New
Practice Direction 12B Child Arrangement Programme, which came into force on 22
April 2014.

 Residence order and contact orders are known as Child Arrangement Orders.




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, LEGAL PRACTICE COURSE


Private child law
 Settling and regulating the relationship between individuals (parents) and children.
 So we only cover private child law. Private law is a relationship between individuals ie
parents, grandparents etc and children. Individuals can be extended family ie step
parents.

Public law child law  care proceedings
• State intervention in family life- care proceedings
• Chapter 14 CLP manual
• Not covered on this course

That would be solicitors that work for local authorities, they have to intervene in a family
because the child is at risk ie neglected. Maybe the parents can’t look after the child due to
circumstances so the state will intervene to safeguard the child. They will bring care
proceedings. There is a threshold that has to be met to take a child away from its natural
family. (WE DON’T COVER PUBLIC LAW IN THE MODULE)

Types of private law orders
• Parental responsibility – s4
• Section 8 orders– s8 – s8 orders will be contact and residence. So child arrangement
orders dealing with where the child lives and contact orders.
 Child Arrangement Orders (i.e. residence or contact orders)
 Specific Issue order
 Prohibited Steps order
 Special Guardianship – s14

Resident orders and contact orders are now known as child arrangement orders. In the exam
specify what order you’re asking for. So if you’re asking for child arrangement order what
form; residence or contact. You have to specify what you want the order to cover so does the
child want to stay with particular parent in which case its residence or does the parent wants
to see the child – contact order.

Most issues with children should be dealt by mediation (required). Unless there is DV parties
should attend at least 1 mediation. It applies to finances and children. If parents can’t agree
over children ie where they should live, when the parent should see the children the families
must arrange mediation. So they must first go to mediation, only attend first meeting, if they
feel its not right ie not making any progress they can then make a court application.

Scope of the Children Act
• Remember that CA 1989 does not discriminate between married and unmarried parents
• “illegitimate” children are not treated differently
Note changes made by The Children and Families Act 2014 i.e. Child Arrangement Orders
now replace residence and contact orders


2.1. The Role of CAFCASS

A specific body has been developed to help safeguard the welfare of children: CAFCASS
(Children and Family Court advisory Support Service) www.cafcass.gov.uk:


CAFCASS looks after the interests of children involved in family proceedings. It works with
children and their families, and then advises the courts on what it considers to be in the
children's best interests.

CAFCASS only works in the family courts.
Examples of matters that may be taken to family courts are:

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