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By Duncan Bloy, Phillip Kenny, Nigel Gravells, Paul Dobson, Richard Kidner

ISBN-10: 1874241597

ISBN-13: 9781874241591

This e-book is addressed at these learning the legislation on the subject of teenagers on LLB or joint levels with legislation as an enormous part. It seeks to supply sufficiently finished assurance of the key parts of a kid legislations syllabus. The legislations has been significantly reformed because of the youngsters Act 1989 and the operating of the Act and its attendant case legislation figures prominently within the e-book. The textual content additionally specializes in different components of kid legislation that are presently lower than review,and an up to date research of the legislations in relation to baby abduction is integrated.

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Example text

The fact remains, however, that there are cases where, in the interests of a particular child, continuing court involvement is necessary’ (p 707F). 2). Hence the conclusion that orders should only be made if it was patently necessary in order to serve or secure the best interests of the child. With regard to local authority obligations, it was thought to be appropriate to seek to ensure that ‘compulsory intervention [was] confined to cases where compulsion itself is necessary’. In practice, this means that a court hearing family proceedings must direct itself to consider the likely outcome of making no order by comparison with the predicted effects of making an order.

For this reason, ie the inherent contradiction of seeing children but reporting to parents, discretion to see children should be exercised cautiously. It should never be ‘automatic or routine’, and therefore there should be good reasons for seeing the child after hearing submissions from the parents. The ascertainment of a child’s wish was deemed to be within the province of the court welfare officer or guardian ad litem, who could be crossexamined as to the contents of their reports. The final point is that in no circumstances should a child be made to feel that the final decision was due to his evidence.

The argument is as follows: • ‘Family proceedings’ as defined in s 8(3) of the 1989 includes proceedings under the Domestic Violence and Matrimonial Proceedings Act 1976. • Then in s 10(1) the court is given power to make a s 8 order in any family proceedings in which a question arises with respect to the welfare of the child. • The s 8 orders include a prohibited steps order, a residence order and a specific issue order. The court had no difficulty following the logic of that argument and therefore, if on an application under s 1(1)(b) of the Domestic Violence and Matrimonial Proceedings Act 1976, there was a need to restrain by injunction one party from molesting a child living with the applicant, then there would be no problem in making the child’s welfare the paramount consideration.

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Child Law (Principles Of Law) by Duncan Bloy, Phillip Kenny, Nigel Gravells, Paul Dobson, Richard Kidner

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