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Chapter 9 Multiple choice questions
Return to Family Law Concentrate 5e Student Resources
Chapter 9 Multiple choice questions
International parent-child abduction
Quiz Content
*
not completed
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
*
not completed
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
*
not completed
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
*
not completed
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
*
not completed
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
*
not completed
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
*
not completed
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
*
not completed
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
*
not completed
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
*
not completed
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
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