Self test questions: International parent-child abduction

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. The consent of which of the following is not required to take a child out of the United Kingdom?

The child's mother correct incorrect

The child's father, where he does not have parental responsibility correct incorrect

Anyone who the child lives with under a child arrangements order correct incorrect

Anyone who has custody of the child correct incorrect

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. Which of the following is not a defence under s 1(5) to the criminal offence under s 1(1)?

The person believes that the other person has consented or would consent if he was aware of the relevant circumstances correct incorrect

The person has taken all reasonable steps to communicate with the other person but has been unable to communicate with him correct incorrect

The person has a child arrangements order providing for the child to live with him and he takes or sends the child out of the UK for less than a month (and not in breach of an order under Part II of the Children Act 1989 correct incorrect

The other person has unreasonably refused to consent, unless that person is someone with a residence order in their favour in respect of the child; or the person taking or sending the child out of the UK does so in breach of an order made by a court in the UK correct incorrect

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. Which of the following is not a recognised method of preventing abduction?

Port alerts correct incorrect

A prohibited steps order correct incorrect

A mirror order correct incorrect

A child arrangements order dealing with who the child is to spend time with or have contact with correct incorrect

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. Which of the following enactments could not be used to secure recovery of a child following abduction?

The Children Act 1989 correct incorrect

The European Convention correct incorrect

The Brussels II Regulation correct incorrect

The Hague Convention correct incorrect

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. If the child has been wrongfully removed or retained and an application for their return is made within 12 months of the abduction, which of the following is not a defence to the child's return under the Hague Convention?

The court does not have jurisdiction to hear the application because the child is not habitually resident in a Convention country correct incorrect

The court does not have jurisdiction to hear the application because the person seeking the return of the child has custody rights in respect of the child correct incorrect

The child has settled in their new environment correct incorrect

The person, institution, or other body having care of the person of the child was not actually exercising the custody rights at the time of the removal or retention, or had consented to or subsequently acquiesced in the removal or retention correct incorrect

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. Which of the following is not an element of consent as considered in P-J (Children) [2009] EWCA Civ 588?

It must be clear and unequivocal correct incorrect

The burden of proof is on the person who denies consent correct incorrect

It must be viewed in the context of family life correct incorrect

Each case will depend on its facts correct incorrect

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. Which of the following would constitute "grave risk of physical or psychological harm"?

Risk of terrorism on return to Israel correct incorrect

Father's violence towards the children if the child was returned correct incorrect

Father's psychological abuse causing the mother's psychiatric condition to worsen, thus affecting the children correct incorrect

The child witnessing violence by his father against his mother and grandmother, being abused himself and being in substantial fear of his father correct incorrect

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. Where an application is made under Brussels II, which of the following are not modifications to the working of the Hague Convention?

Applications must be concluded within six weeks unless this is impossible correct incorrect

The court should hear the views of the child if appropriate to their age and maturity correct incorrect

If a decision is made not to return the child, the left behind parent has no further application open to him or her correct incorrect

The left behind parent must be given an opportunity to be heard before making any decision not to return the child correct incorrect

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. True or false? Where a child is abducted to a country which is not a party to one of the conventions, a parent seeking return of the child will not be able to rely on any governmental agency to assist in any court proceedings.

True correct incorrect

False correct incorrect

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. What will be the court's paramount consideration in deciding an application by one parent to take a child to live abroad against the wishes of the other parent?

The wishes and feelings of the mother correct incorrect

The welfare of the child correct incorrect

The effect of the removal on the other parent correct incorrect

Whether contact will continue with the other parent correct incorrect