CHILD LAW ASSIGNMENT PLAN
STATE the law, EXPLAIN the law and APPLY the law
· What are the judges going to rely on? The courts stand point. Always decide who the parent is first. Bring in human rights issues. Different acts apply to different bits
1. Parenthood and Parental Responsibility.
· Who is a parent in law? Re G quote baroness hale on who is a parent.
· Who is the mother? S 33(1) HFEA 2008
· Who is the father? Legal presumptions. Rebuttable?
· What is parental responsibility and who in this case has parental responsibility?
· Obtaining parental responsibility as a step- parent (civil partnership with the birth mother) or as the father? Parental responsibility order, parental responsibility agreement and residence order?
· Explain and apply the law in the above scenario (PS. Remember advising Salman)
2. and 3. Section 8 Orders; Child Arrangement Order, Specific Issue Order and Prohibited Steps Order (what would court take into account and chances of success on the applications)
· The welfare principle and checklist, paramountcy and Gillick competence – introduce and discuss
· Introduce section 8 orders and discuss (include revocation of shared residence orders and how it has affected CAO)
· Human rights and contact? Would the court take these into account too? Whose rights prevail – child or parent? Discuss
· For number 3 – Discuss both PSO and SIO
· Explain the law on t...