LPC Law Notes Family Law Notes
A collection of the best LPC Family Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of LPC Family Law notes available in the UK this year. This collection of notes is fully update...
The following is a more accessible plain text extract of the PDF sample above, taken from our Family Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Private Children Act- Structure
Is leave required? (para 13.8.3)
[If so, address s.10(9) factors first]
Welfare of child is paramount (s.1(1) CA)
Address “no delay principle” (s.1(2)CA)
Statutory s.1(3) CA Checklist (para 13.5)- Apply using “Applicant will say…/ Respondent will say…” for each heading
Address “no order principle” (s.1(5)CA)
CONCLUDE
Name change
Is there a CAO in force?
James had PR (named on birth certificate)
No CAO in force, amicable without court(presumption of no order, court last resort)
If there were CAO, will be in breach of s13(1)- no person can make arrangement without everyone’s consent or leave by court
If no CAO in force, consider Re C [1998] and Re J [2000] (p.180-181, 183)
Re C, Re J: All person with PR should agree, if disagree, court to decide
Initial action?
Talk to her, write to her, arbitration, mediation
Try to know is legally changed name
Write to school
Does James need leave? S10(4) CA 1989
S10(4A)- Parents can apply for order
Parents do not always need PR to apply
Order(s) to apply for/ likelihood of success?
X Child Arrangements Order
Prohibited Steps Order
Specific Issues Order
C100 Form
MIAM
Need more information for welfare principle checklist to consider likelihood of success- Court like to keep status quo
No CAO therefore no breach of s13
Re C/ Re J- Ameera should not change the child’s surname unless everyone with PR agreed or leave of the court is obtained
Write to mother: Ask her to change the name back, likelihood of success following action high, mediation
No leave reqruied s.10(4)(a) natural father (p.315)
S.8 SIO or PSO (and s.4 PRO) (P.181)
Is it likely to succeed?
Refer to Private Children Act Question Structure- Welfare paramount, welfare checklist- A says, R says for each etc,
Registered name- what reasons for change?
Dawson v Wearmouth [1999]- presumption in favour of status quo
Re W, Re A, Re B (Change of Name)- registered name and reasons for registration are important
Re S (Change of Name: cultural factors)- high threshold
Re F- decision should not be undertake lightly (P.183)
Social Services Actions
A local authority must provide accommodation for any child in need within its area if there is no person who has parental responsibility for him, he is lost or abandoned, or the person has been caring him is prevented from providing him with suitable accommodation or care. (s.20)
Emergency protection order up to eight days (s.44)
Police protection for 72 hours (s.46)
Child Assessment Order(s.43) – medical, psychiatric examination or other assessment
Childcare Plan
Child Arrangement Order (s.8)
Interim care/ supervision order (s.38)
Special Guardianship Order
Family Assistance order (s.16)
Local Authorities’ Duties
To safeguard and promote the welfare of children within its area who are in need
So far as is consistent with that duty, to promote the upbringing of such children by their families
By providing a range by providing a range and level of services appropriate to those children’s needs
What if social services refused to provide services
No provision for compelling local authority to provide services
Not subject to judicial scrutiny except by way of judicial review
Complaints procedure (s26)
Category of abuse or neglect
The child is suffering, or likely to suffer, significant harm;
Harm includes: ill treatment, impairment of physical or mental health, impairment of physical, intellectual, emotional, social or behavioural development; impairment suffered due to seeing or hearing the ill-treatment of another is also included.
It is attributable to:
The care given, or likely to be given, if the order is not made, not being what it would be reasonable to expect a parent to give; OR
The child being beyond parental control
Abuse:
All forms of physical and/ or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship or responsibility, trust or power (WHO)
Inflicting harm and/ or failing to act to prevent harm to children (DofE)
Categories
Physical abuse (force)
Sexual abuse (force child to take part in sexual activities including physical and non-physical acts)
Emotional and psychological abuse (persistent emotional maltreatment severely impair child’s psychological development)
Neglect (persistent failure to meet child’s basic physical and/or psychological needs)
Objective test: looks at what a reasonable parent would do for the child in question + subjective element the particular child’s required standard of care
Standard of proof: balance of probabilities
Casual Link
Social Worker Checklist
Assessment- Children in Need (s.17 (10)) P.329- Visit family and decide if an assessment is required:
Is Child in Need?
Reaosnable cause to belive suggering/ likely to suffer significant harm
Investigation (s.47) P.346 ie. people involved with the children- teachers, social workers, relatives, people living in the same household
Services (s.17)- welfare principle, services not only for children but also carer ie. rehabilitation, after-school clubs, doctor
Accommodation (s.20)
Order
Care Order(s.31)/ Interim(s.38)
Supervision Order(s.31)/ Interim (s.38)
Emergency Protection Order (s.44) and s.47
With or without notice? X Council v B (14.10)
Police Protection (s.46)
(2)
Will probably determine are children in need- start s.47 investigation
Provide services:
Alcohol addiction support for M
Day care for George
After school care for Kerry
Referral to family centre
Practical help in the home
Dental treatment
Local Authority in breach of s.17 if refused to offer any services and start court proceedings, unless...
Buy the full version of these notes or essay plans and more in our Family Law Notes.
A collection of the best LPC Family Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of LPC Family Law notes available in the UK this year. This collection of notes is fully update...
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