Chapter 10 Self-test questions

. What are the different types of order that can be made under s.8 Children Act 1989?

. A specific issue or prohibited steps order must relate to the exercise of parental responsibility. True or false?

. Child arrangements orders were introduced in 2014. Before 2014, what was the name of a s.8 order that regulated how much time a child spent with the parent they do not live with?

. Some people cannot make an application for a s.8 order without first obtaining leave (or permission) of the court. Which of the following people requite leave?

. Which of the following is not a factor on the welfare checklist?

. When the court considers a child's welfare, at what age does it have to consider the child's wishes and feelings?

. Why is the maintenance of the status quo often a powerful factor when the court is considering the welfare checklist?

. Which of the following statements are correct in relation to the consideration of harm under s. 1(3)(e)? Choose all that apply.

. Section 1(2A) means that in a dispute about which parent a child should live with, the starting point for the court is to presume that shared care between the parents is best for the child's welfare. True or false?

. What was the reason for the introduction of the presumption of parental involvement? Choose all that apply.

. In Australia, the introduction of a presumption of a 'meaningful relationship with both parents' led to an increase in litigation. True or false?

. In what circumstances is an applicant for a child arrangements order exempt from attending a MIAM? Choose all that apply.

. In what percentage of cases are both parties represented in 2020?

. If the parties reach an agreement, why might it not be possible for the court to make an order at the FHDRA?

. A fact-finding hearing must be held in all cases involving allegations of abuse. True or false?

. According to research, how often are the recommendations of s.7 reports accepted?

. What type of order can be made under s.11(7) Children Act 1989?

. When a 'live with' order is made, what are the rules about removing a child from the UK?

. Which of the following people will acquire parental responsibility under s.12(2) Children Act 1989?

. What is a shared care arrangement? Choose all that apply

. Article 8(2) of the European Convention on Human Rights means that:

. Before the Human Rights Act 1998 came into force, the family court did not have a pro-contact approach to s.8 cases. True or false?

. Which of the following principles form part of Munby LJ's reasoning in Re C(Direct Contact: Suspension) [2011] EWCA Civ 521 (Fam)? Choose all that apply.

. What is a contact activity direction?

. A family assistance order cannot be made without the prior agreement of Cafcass (or the local authority if the order is directed to them). True or false?

. Why is it rare for the family court to send parents to prison for a breach of a child arrangements order?

. An order transferring residence - i.e. that a child should move from living with one parent to the other - can be made to punish a parent who regularly breaches a 'spend time with' child arrangements order. True or false?

. What type of order can the court make under s.91(14) Children Act 1989?

. What did Humpreys and Thiara find in their 2003 study of domestic abuse?

. The judgment in Re L, M, V and H (Contact: Domestic Violence) [2000] 2 FLR 334 (CA)describes violence to a partner as a significant failure of parenting. True or false?

. What is the child psychiatrist, Kirk Weir's view about the reliability of children's views on contact?

. What percentage of enforcement applications involve a parent who is implacably hostile to contact?

. Which of the following statements is correct in relation to removing a child permanently from the UK?

. There is a presumption in favour of relocation if the resident parent wishes to move abroad. True or false?

. Why were the courts unwilling to impose restrictions on internal relocations before the decision in Re C (A Child) (Internal Relocation) [2015] EWCA Civ 1305?

. Who can commit an offence under s.1(2) Child Abduction Act 1984? Choose all that apply.

. What is the underlying rationale of the Hague Conventions on the Civil Aspects of International Child Abduction?

. According to analysis of statistics published about the Hague Convention in 2015, which of the following is correct?

. Violet has 2 grandchildren, Zak and Will. They live their mother, Amy. They used to live in the same street as Violet and when they were little she looked after them while Amy was at work. When Zak was 8 years old and Will was 10 years old, Amy separated from their father, Brody, and she moved away from the area. The split was very acrimonious and Amy has cut all connection with Brody and his family. Violet has not seen her grandchildren for 2 years. Brody has moved to Australia and only has contact with the children on Zoom. Violet wants to make an application to court to see her grandchildren. Which of the following statements most accurately reflects Violet's position?

. Molly is ten years old. She lives with her mother, Irene, and has contact with her father, Guy, for the whole day every Saturday and for two hours after school every Wednesday. This arrangement has been in place for a year, since her parents separated. Her father was renting a room in a friend's house which was why she did not stay overnight. He now has his own two-bedroom flat and wants Molly to stay the night at his flat on Wednesdays and Fridays. Molly has told her mother she does not want to stay. Irene has said it is up to Molly so Guy has made an application to court for a child arrangements order. Molly is adamant that she will not stay with him and Irene thinks that court should listen to Molly. Advise Irene as to how the court will deal with Molly's wishes.

. Caiden and Daisy have one son, Ethan who is six years old. Caiden and Daisy' relationship has been characterised by his violent and abusive behaviour towards Daisy, much of which has been witnessed by Ethan who has extremely challenging behaviour at school. Daisy left Caiden six months ago and has been living in a women's refuge with Ethan. Caiden has made an application for a child arrangements order to have contact with Ethan for 3 nights every week and for half the school holidays. He admits to some of the incidents of violence, but says they are not relevant as he loves his son and would never harm him. How will the court deal with the issue of domestic abuse when considering Caiden's application?

. Farida is from Australia. She met her husband Graham when he was visiting Australia. The moved to England after their marriage 6 years ago and had 2 children Hanna and Immie. The marriage broke down over a year ago and Farida struggled to manage on her own with two young children. Graham is an alcoholic and did not help financially. Graham's mother had helped look after the children while Farida went back to work as a nurse, but she stopped helping when the Farida left Graham, blaming her for Graham's drinking and depression. Farida spoke to Graham and told him she was planning to return to Australia where she could earn more and her mother could help her look after the children. Graham said that he could see this was a good idea. Farida took the children to Australia with her two months ago and Graham has now email Farida to say that he is going to make an application for them to be returned under the Hague Convention on Civil Aspects of International Child Abduction. Which of the following statements best summarises Farida's position?

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