Hodgson, Resources for Family Law 12e

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. The court has to decide in a dispute between David and Vicki. David and Vicki have three children and cannot decide with whom the children should live following their divorce.
Which is correct?

The court should avoid any delay in proceedings as a delay is likely to prejudice the welfare of the child. correct incorrect

The court must always listen to the views of the child irrespective of their age correct incorrect

The court's first consideration is the welfare of the child. correct incorrect

The court cannot make an order if David and Vicki come to an agreement as there is a presumption of no order. correct incorrect

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. Belle and Nicolas have two children: a boy aged 7 and a girl, aged 15 years old. Belle and Nicolas are separated and cannot agree over where the children shall live, and the matter comes before the courts. Belle has always gone to work, leaving Nicholas to look after the children but Belle has always spent as much time as she can with the children. If the children move in with Nicolas, they will have to change schools. Both children wish their parents to remain together.
Which of the following is correct?

The children are at risk of suffering harm as a result of their parent's separation and so should be removed from their parent's care. correct incorrect

The children's educational needs are the most important factor under consideration and the children must live with the parent able to continue their current education. correct incorrect

The children's emotional needs require that they always live with their mother after separation. correct incorrect

The court will carefully consider the likely effect of any change in circumstances but as the parties have separated there will be a certain amount of disruption already. correct incorrect

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. Jacob is married to Deborah and they have become parents in the last six months. A lawyer friend has told them that they have parental responsibility for their child. Deborah and Jacob wish to know more about parental responsibility.
Which is incorrect?

Parental responsibility means that parents can teach their child about a particular religion. correct incorrect

Parental responsibility means that a parent must provide suitable housing, clothing, and food for their child. correct incorrect

Parental responsibility means that a parent is responsible for providing the child with an education. correct incorrect

Parental responsibility means that parents must make all decisions about a child until the children reaches the age of 18. correct incorrect

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. Mabel and Dan have been 'dating' for six months when Mabel discovers that she is pregnant. Dan asks Mabel to marry him but Mabel refuses. Mabel gives birth to a daughter, Jill. Dan is very upset to find that he has not been mentioned on Jill's birth certificate. Mabel starts a relationship with Jim and moves in with him. Dan wishes to know more about his legal rights as Jill's natural father.
Which of the following is not true?

Mabel and Dan could re-register Jill's birth to include Dan as her father on her birth certificate and then Dan would gain parental responsibility. correct incorrect

Mabel will automatically have Parental Responsibility for Jill as she is Jill's natural mother correct incorrect

Jim will automatically obtain Parental Responsibility (PR) for Jill by marrying Mabel. correct incorrect

Dan can apply to the court for an order for Parental Responsibility (PR) for Jill should Mabel not agree to Dan having PR. correct incorrect

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. Mark and Sheila are married. They have a son, Billy, aged 10. Mark's daughter, Primrose aged 13, lives with them after a CAO was made in Mark's favour for where Billy should live. Sheila's daughter from a prior marriage, Elizabeth, aged 3, lives with Sheila's ex-husband Frank, but regularly has contact with Sheila and Mark.
Which is correct?

Mark has parental responsibility for Billy and Primrose, and could gain parental responsibility for Elizabeth with the agreement of Sheila and Frank. correct incorrect

Sheila has parental responsibility for Billy and Elizabeth and Primrose. correct incorrect

Frank will have parental responsibility for Elizabeth but only if he was named as her father on her birth certificate. correct incorrect

Sheila lost parental responsibility for Elizabeth when she and Frank divorced. correct incorrect

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. Maria and Simon have two children, Alice and Daniel, aged 4 and 6 years old. Maria and Simon never married and recently separated after several violent arguments. Alice and Daniel went to live with their mother and see their father occasionally. Simon starts a relationship with Dawn. The children tell Maria that Dawn is a drug addict but Simon denies this. Maria also starts a new relationship with Tim and Simon is unhappy about this. He wishes the children to live with him as he does not want the children to have a new 'father'.
Which of the following is correct?

Simon should apply for a specific issue order to resolve the issue of where the child shall live. correct incorrect

Maria should apply for a prohibited steps order to stop Dawn being present during contact between Simon and the children. correct incorrect

Simon should apply for a CAO if he wishes the children to live with him. correct incorrect

Tim should apply for a CAO if the children are to continue to live with Maria. correct incorrect

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. Sylvia recently separated from Robert (they were never married). Their son, Phillip aged 14, lives with Robert because he prefers to live with his father. Robert obtains a CAO from his local court for Phillip to live with him. Things don't run smoothly as Sylvia and Robert cannot agree on Phillip's surname. Phillip wishes to take his father's name instead of his mother's. Robert wishes to take Phillip on holiday to New Zealand and Sylvia does not want Phillip to go as she believes that Robert wishes to emigrate.
Which is incorrect?

Robert will gain Parental Responsibility for Phillip for the duration of the residence order. correct incorrect

Robert cannot change Robert's surname during the residence order unless Sylvia gives her permission. correct incorrect

Robert can take Phillip abroad to live if he wishes. correct incorrect

Robert can take Phillip to New Zealand for up to a month without Sylvia's permission. correct incorrect

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. Paula receives an application for a CAO from her ex-husband Alan. Paula left Alan as he was violent to her and the children. She would be happy to allow Alan to have contact over the telephone at first to ensure the children are safe. Paula wishes to know more about CAO and what would happen if she refused to obey a court order.
Which is correct?

Allegations of domestic violence are generally not believed by the courts as many people invent allegations to prevent contact. correct incorrect

The courts can use activity directions to order a person to take part in an activity promoting contact with a child. correct incorrect

Courts do not enforce CAO as it is too difficult. correct incorrect

Contact involves only face-to-face contact between a parent and child. correct incorrect

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. Geraldine and Hugo are grandparents to Millie, aged 6. Millie's mother, Harriet, is a drug addict who is increasingly unable to look after Millie. Millie's father is unknown. One night, Harriet brings Millie to stay with her grandparents. Harriet does not return for Millie the following day and telephones Geraldine to tell her to 'hang on to the kid while I sort my head out'. Geraldine and Hugo are so concerned about Millie's welfare that they decide to seek an order so that she can live with them.
Which of the following is correct?

Geraldine and Hugo can apply for a CAO for Millie as she is a child of the family. correct incorrect

Geraldine and Hugo may apply for a CAO with the leave of the court and the court will consider the nature of the application, the connection with the child and any risk of disruption to the child's life. correct incorrect

Geraldine and Hugo can apply for a CAO with the permission of Harriet. correct incorrect

Geraldine and Hugo may apply for a CAO with the leave of the court and the court will consider the welfare of the child as paramount, that there should be no order unless necessary and there should be no delay. correct incorrect

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. Molly wishes to apply for a CAO for her daughter Madeleine. She tells you that there has been domestic violence in her relationship with Mike. Molly was recently married to Mike (who she married after she divorced Eric, Madeleine's father). Mike had gained PR for Madeleine with Eric's agreement shortly after his marriage to Molly. Mike has told Madeleine that she should come and live with him
Which of the following is the best advice?

Molly should apply for a CAO on a Form C100 and should indicate that the children may be at risk of harm from witnessing domestic violence. Eric will be a party to proceedings as he has PR for Madeleine. The application should be served on all respondents with Form C6 at least 14 days before the first hearing. correct incorrect

Molly should apply for a CAO on a Form C100 and should indicate that the children may be at risk of harm from witnessing domestic violence. The application should be served on all respondents with Form C6 at least 14 days before the first hearing. correct incorrect

Molly should apply for a CAO on a Form C1 and should indicate that the children may be at risk of harm from witnessing domestic violence. Eric will be a party to proceedings as he has PR for Madeleine. The application should be served on all respondents with Form C6 at least 14 days before the first hearing. correct incorrect

Molly should apply for a CAO on a Form C100 and should indicate that the children may be at risk of harm from witnessing domestic violence. Eric will be a party to proceedings as he has PR for Madeleine. The application should be served on all respondents with Form C6 at least 21 days before the first hearing. correct incorrect

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. You are starting a seat in family law and are thinking about applying for s8 orders for a number of new clients.
Which is incorrect?

A parent can apply for any s8 order. correct incorrect

A child is unable to apply for s8 orders. correct incorrect

A person can apply for a CAO for a child if the party is a party to a marriage to whom the child is a child of the family. correct incorrect

A person with PR for the child can. correct incorrect

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. Robert and Jane have a daughter, Amelia, aged 2 years. The couple were not married but Robert has a CAO for Amelia and she lives with him. Both parents wish to take Amelia on holiday separately but seek advice on whether they can.
Which is correct?

Robert can take Amelia on holiday to France without Jane's permission. correct incorrect

If Robert takes Amelia to France without Jane's permission, he will be committing a criminal offence. correct incorrect

As there are no existing Children Act 1989 orders preventing Amelia from being taken abroad, either party can take Amelia on holiday without requiring permission from the other parent. correct incorrect

If Jane agrees, Robert can take Amelia on holiday to France. correct incorrect

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. Anthony believes that his ex-wife Melinda may have taken their daughter, Catherine, to Australia. Melinda is Australian and has often expressed the desire to return. Anthony found out that Melinda has bought two tickets to Australia to fly tomorrow, has packed up her house and Catherine's teacher told him that Catherine had told her she was excited about her new school in Sydney. Melinda is not answering her phone.
Anthony has a CAO for contact with his daughter as Melinda has tried very hard to prevent him seeing his daughter and has warned Melinda on many occasions not to try and take Catherine to Australia. Anthony comes into your office and seeks urgent advice.
Which is incorrect?

The police should be contacted in order to issue a 'port alert' as there is a real and imminent danger of Catherine being removed from the jurisdiction. correct incorrect

You should only undertake a case of parental child abduction if you have the required expertise and experience. correct incorrect

A prohibited steps order should be applied for on a 'without notice' basis. correct incorrect

The first step is to write to Melinda and warn her of the consequences of removing Catherine from the jurisdiction without permission. correct incorrect

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. Melinda has taken her daughter Catherine from England to Australia without the permission of Catherine's father, Anthony, after their recent divorce based on his violence towards her. Anthony has a CAO for spending time with his daughter. Anthony is extremely anxious to secure the return of his daughter and seeks legal advice. Australia is a signatory to the Hague Convention.
Which is incorrect?

Catherine's removal by Melinda was wrongful in terms of Anthony's right of custody as he has PR for Catherine. correct incorrect

Melinda could possibly claim a defence on the basis a return would place Catherine at risk of physical or psychological harm. correct incorrect

Catherine's habitual residence is England as this is where she normally lives and is settled. correct incorrect

Anthony does not have a CAO for Melinda to live with him; he has no right to object to Catherine's removal. correct incorrect

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. The threshold criteria are central to understanding public child law. Please select all that apply.

The child must be suffering or likely to suffer significant harm. correct incorrect

The child being beyond parental control. correct incorrect

The harm must be attributable to the care given to the child, or likely to be given to him if the order were not made. correct incorrect

The care given to the child is that of an unreasonable parent. correct incorrect

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. Shay is a four-year-old boy. His mother, Hannah, is a drug addict who is having trouble looking after Shay. Shay's father is in prison for a serious assault on Hannah. Hannah has a new boyfriend, Liam. Liam drinks heavily. Hannah and Liam have a party one night and put Shay in his bed. In the morning, they find that Shay has drunk a quantity of alcohol left lying around the flat. Shay is taken to hospital where he becomes seriously ill and blood tests reveal he has taken some drugs. The hospital contact social services to investigate whether the threshold criteria has been met.
Which of the following is incorrect?

Whether the harm Shay is suffering is significant depends upon comparing his health and development to a similar child and the court will take a subjective view. correct incorrect

A social worker can remove Shay from Hannah's care immediately to prevent further harm. correct incorrect

The harm that Shay is suffering is attributable to Hannah's care not being what it would be reasonable to expect a parent to give him. correct incorrect

If there is any doubt about who has caused the harm to Shay, the court will look at both Hannah and Liam's care of Shay. correct incorrect

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. Tommy is aged 6 years old and has severe autism. Tommy cannot speak and has severe behavioural problems. His parents find Tommy hard to cope with on their own and ask their local authority for help.
Which is correct?

Tommy is not a child in need correct incorrect

Tommy is a child in need and the local authority has a duty to provide services to Tommy and his parents. correct incorrect

Tommy is disabled and if his parents cannot cope, the local authority has a duty to commence care proceedings. correct incorrect

Tommy should be placed with foster parents to care for him if his parents cannot cope with his disability. correct incorrect

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. Hannah has a four-year-old boy called Shay and lives with Liam, her new boyfriend. Shay has been in hospital recently after taking some drugs he found in the house. This morning the local authority has been contacted by the local police to say that both Hannah and Liam were in custody on suspicion of drug offences. Shay was initially taken into police protection and then placed with temporary foster parents. After six hours, Hannah and Liam are released on bail and take Shay home from his temporary foster care. They then refuse to speak to social workers or attend appointments.
Which of the following is correct?

As Shay has been in police protection, the local authority has proof that Liam is at risk of significant harm. correct incorrect

The local authority has a duty to investigate where it suspects a child may be at risk of significant harm and, as Shay has been in police protection, the local authority has reasonable cause to suspect Shay is at risk of significant harm. correct incorrect

The local authority has a duty to apply for an emergency protection order if a child has been in police protection as this indicates significant harm. correct incorrect

As Shay's carers have been arrested by the police for a criminal offence, the local authority have proof that Shay is suffering significant harm. correct incorrect

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. A local authority gains a care order for Shay, on the basis of the poor standard of care from his mother, Hannah, her drug problems and the risk of continued significant harm. Shay's father, Adam, came forward during care proceedings and wishes Shay to come and live with him in France to start a new life. Hannah wishes Shay to live with her and so is opposed to Shay living with Adam.
Which of the following is correct?

The local authority gains Parental Responsibility (PR) for Shay and has the power to decide the extent to which Hannah can exercise her PR for Shay. The local authority decides to allow Shay to live with his father in France. correct incorrect

The local authority gains Parental Responsibility (PR) for Shay and has the power to decide the extent to which Hannah can exercise her PR for Shay. The local authority decides that to safeguard Shay, it is necessary to remove him from Hannah's care and to place him with foster parents. correct incorrect

The local authority gains Parental Responsibility (PR) for Shay and has the power to decide the extent to which Hannah can exercise her PR for Shay. The local authority decides that to safeguard Shay's welfare he should live with foster parents and agrees that the foster parents can adopt Shay. correct incorrect

The local authority gains Parental Responsibility (PR) for Shay and has the power to decide the extent to which Hannah can exercise her PR for Shay. The local authority decides that to safeguard Shay, it is necessary to remove him from Hannah's care and to place him with foster parents and tell Hannah that the care order means she cannot have contact with Shay. correct incorrect

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. A client is confused about the differences and similarities between care and supervision orders.
Which of the following is correct?

Both types of order require that the local authority controls who has contact with the child in order to safeguard their welfare. correct incorrect

With both types of order, Parental Responsibility (PR) for the child passes to the local authority and the local authority makes all the decisions about the child's life, correct incorrect

With both types of order, the local authority has the power to intervene in the child's life to protect the child and can remove the child from his parents. correct incorrect

Both types of order require that the threshold criteria are met. correct incorrect

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. A local authority makes an application for an emergency protection order in a magistrates' court.
Which is incorrect?

The application will be allowed if there is significant cause to believe that the child will suffer significant harm if he is removed from the place in which he is then being accommodated. correct incorrect

The application will be allowed if the local authority has reasonable cause to suspect that the child is suffering significant harm, is making enquiries with respect to the child's welfare and that their enquiries are being unreasonably frustrated. correct incorrect

The application will be allowed if the local authority wish to have the child assessed and the matter is too urgent to wait for an application for a child assessment order. correct incorrect

The application will be allowed if the order is the least interventionist solution consistent with the preservation of the child's immediate safety. correct incorrect

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. A local authority applies for an Emergency Protection Order (EPO) and your client wishes to know more about the order and its effect.
Which is incorrect?

When an EPO is in force, the local authority can remove the child from his parents to accommodation provided by the local authority. correct incorrect

When granting an EPO, the court can make a direction for the medical examination of the child. correct incorrect

When granting an EPO, the court may make an exclusion order to prevent further domestic violence to a child's parent. correct incorrect

When an EPO is in force, subject to an exclusion requirement, the local authority can allow reasonable contact between parents and children. correct incorrect

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. Janice is a social worker who has been given her first care case to look after. Janice seeks advice on what should be compiled prior to the issue of proceedings.
Which is incorrect?

A Form C110A correct incorrect

A social work chronology. correct incorrect

Any relevant assessment materials such as a core assessment. correct incorrect

A care plan. correct incorrect

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. Janice is a social worker who wishes to issue a case and prepare for the first appointment in a care case which she is supervising. Please select all that apply.

Issue of proceedings is described as Day 1. correct incorrect

An application for a care order is made on a C100. correct incorrect

A first appointment must be listed by Day 5. correct incorrect

By Day 3, a children's guardian should be allocated. correct incorrect

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. You are a trainee solicitor and your client has been invited to attend a child protection conference. Your client wishes to know who can and cannot attend a child protection conference.
Which is incorrect?

Health professionals such as health visitors, doctors and nurses. correct incorrect

Education professionals such as teachers or nursery teachers. correct incorrect

The parent and their legal representative. correct incorrect

The child should not attend as it would be too distressing. correct incorrect