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Children: Case Law, Legislation, Links 28-10-16

Family Law, Children, Adoption

Children: Case Law, Legislation, Links 28-10-16

Postby dls » Fri Oct 28, 2016 11:18 am

Contact, Residence, Care. See also Family, Adoption and Child Support
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    A National Health Service Trust -v- D; FD 19-Jul-2000 - A young child was very severely ill, and his life threatened from his illness. His doctors together considered that further treatment was not in his interests. They sought an order that in the event of future respiratory of cardiac failure, they should be free not to resuscitate him. His parents asserted that this infringed the child’s human rights
    Gough -v- Thorne; CA 1966 - The court was asked as to the standard of duty of care expected of a child. Salmon LJ said: ‘The question as to whether the Plaintiff can be said to have been guilty of contributory negligence depends on whether any ordinary child of 13 can be expected to have done any more than this child did. I say ‘any ordinary child’. I do not mean a paragon of prudence; nor do I mean a scatter-brained child; but the ordinary girl of 13.’
Legislation:
    1933
    1949
      Law Reform (Miscellaneous Provisions) Act 1949 / 100 -|- Case law -|- See Also:, Family
      An Act to amend the law relating to divorce and other matrimonial proceedings, the admissibility of evidence as to access, the charge and payment of percentage under the Lunacy Act, 1890, and towards of court; and for purposes connected therewith.
    1958
      Matrimonial Proceedings (Children) Act 1958 / 40 -|- Case law -|- See Also:, Family
      An Act to extend the powers of courts to make orders in respect of children in connection with proceedings between husband and wife and to require arrangements with respect to children to be made to the satisfaction of the court before the making of a decree in such proceedings.
    1960
      Indecency with Children Act 1960 / 33 -|- Case law -|- See Also: Crime, Criminal Sentencing
      An Act to make further provision for the punishment of indecent conduct towards young children, and to increase the maximum sentence of imprisonment under the Sexual Offences Act 1956, for certain existing offences against young girls.
    1965
      Matrimonial Causes Act 1965 / 72 -|- Case law -|- See Also: Family, Immigration
      An Act to consolidate certain enactments relating to matrimonial causes, maintenance and declarations of legitimacy and British nationality, with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.
    1969
      Family Law Reform Act 1969 / 46 -|- Case law -|- See Also:, Evidence
      An Act to amend the law relating to the age of majority, to persons who have not attained that age and to the time when a particular age is attained; to amend the law relating to the property rights of illegitimate children and of other persons whose relationship is traced through an illegitimate link; to make provision for the use of blood tests for the purpose of determining the paternity of any person in civil proceedings; to make provision with respect to the evidence required to rebut a presumption of legitimacy and illegitimacy; to make further provision, in connection with the registration of the birth of an illegitimate child, for entering the name of the father; and for connected purposes.
    1970
      Law Reform (Miscellaneous Provisions) Act 1970 / 33 -|- Case law -|- See Also: Family, Contract, Torts - Other
      An Act to abolish actions for breach of promise of marriage and make provision with respect to the property of, and gifts between, persons who have been engaged to marry; to abolish the right of a husband to claim damages for adultery with his wife; to abolish actions for the enticement or harbouring of a spouse, or for the enticement, seduction or harbouring of a child; to make provision with respect to the maintenance of survivors of void marriages; and for purposes connected with the matters aforesaid.
    1971
    1973
      Matrimonial Causes Act 1973 / 18 -|- Case law -|- See Also: Family, Immigration
      An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission.
    1985
      Surrogacy Arrangements Act 1985 / 49 -|- Case law -|- See Also: Health
      An Act to regulate certain activities in connection with arrangements made with a view to women carrying children as surrogate mothers.
      Child Abduction and Custody Act 1985 / 60 -|- Case law -|- See Also:, International
      An Act to enable the United Kingdom to ratify two international Conventions relating respectively to the civil aspects of international child abduction and to the recognition and enforcement of custody decisions.
    1987
      Minors’ Contracts Act 1987 / 13 -|- [url=http://lawindexpro.co.uk/cgi-bin/pubsrch.pl?&sta=Minors’+Contracts+Act+1987]Case law[/url] -|- See Also: Contract
      An Act to amend the law relating to minors’ contracts.
      Family Law Reform Act 1987 / 42 -|- Case law -|- See Also: Family, Wills and Probate
      An Act to reform the law relating to the consequences of birth outside marriage; to make further provision with respect to the rights and duties of parents and the determination of parentage; and for connected purposes.
    1989
      Children Act 1989 / 41 -|- Case law
      An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.
      Children Act 1989 / 41 -|- Case law -|- See Also:, Local Government
      An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.
    1999
      Protection of Children Act 1999 / 14 -|- Case law -|- See Also: Education, Health Professions
      An Act to require a list to be kept of persons considered unsuitable to work with children; to extend the power to make regulations under section 218(6) of the Education Reform Act 1988; to make further provision with respect to that list and the list kept for the purposes of such regulations; to enable the protection afforded to children to be afforded to persons suffering from mental impairment; and for connected purposes.
    2000
      Children (Leaving Care) Act 2000 / 35 -|- Explanatory Note -|- Case law -|- See Also:, Local Government
      An Act to make provision about children and young persons who are being, or have been, looked after by a local authority; to replace section 24 of the Children Act 1989; and for connected purposes.
      Carers and Disabled Children Act 2000 / 16 -|- Explanatory Note -|- Case law -|- See Also: Health Professions
      An Act to make provision about the assessment of carers’ needs; to provide for services to help carers; to provide for the making of payments to carers and disabled children aged 16 or 17 in lieu of the provision of services to them; and for connected purposes.
    2002
      Adoption and Children Act 2002 / 38 -|- Case law -|- See Also: Adoption, Local Government
      An Act to restate and amend the law relating to adoption; to make further amendments of the law relating to children; to amend section 93 of the Local Government Act 2000; and for connected purposes.
    2004
      Children Act 2004 / 31 -|- Explanatory Note -|- Case law -|- See Also:, Adoption, Local Government
      An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children’s Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children.
      Child Trust Funds Act 2004 / 6 -|- Explanatory Note -|- Case law -|- See Also: Trusts
      An Act to make provision about child trust funds and for connected purposes
    2006
      Children and Adoption Act 2006 / 20 -|- Explanatory Note -|- Case law -|- See Also: Adoption
      An Act to make provision as regards contact with children; to make provision as regards family assistance orders; to make provision about risk assessments; to make provision as regards adoptions with a foreign element; and for connected purposes.
    2007
      Adoption and Children (Scotland) Act 2007 / 4 -|- Explanatory Note -|- Case law -|- See Also: Adoption, Scotland
      An Act of the Scottish Parliament to restate and amend the law relating to adoption; to make other provision in relation to the care of children; to enable provision to be made in relation to allowances in respect of certain children; and for connected purposes.
    2008
      Human Fertilisation and Embryology Act 2008 / 22 -|- Explanatory Note -|- Case law -|- See Also:, Health Professions, Licensing
      An Act to amend the Human Fertilisation and Embryology Act 1990 and the Surrogacy Arrangements Act 1985; to make provision about the persons who in certain circumstances are to be treated in law as the parents of a child; and for connected purposes.
      Children and Young Persons Act 2008 / 23 -|- Explanatory Note -|- Case law -|- See Also:, Local Government, Adoption
      An Act to make provision about the delivery of local authority social work services for children and young persons; to amend Parts 2 and 3 of the Children Act 1989; to make further provision about the functions of local authorities and others in relation to children and young persons; to make provision about the enforcement of care standards in relation to certain establishments or agencies connected with children; to make provision about the independent review of determinations relating to adoption; and for connected purposes.
    2010
    2014
      Children and Families Act 2014 / 6 -|- Case law -|- See Also:, Family, Education, Adoption
      An Act to make provision about children, families, and people with special educational needs or disabilities; to make provision about the right to request flexible working; and for connected purposes.
      Childcare Payments Act 2014 / 28 -|- Explanatory Note -|- Case law -|- See Also: Benefits
      An Act to make provision for and in connection with the making of payments to persons towards the costs of childcare; and to restrict the availability of an exemption from income tax in respect of the provision for an employee of childcare, or vouchers for obtaining childcare, under a scheme operated by or on behalf of the employer.
    2016
      Childcare Act 2016 / 5 -|- Explanatory Note -|- Case law -|- See Also:, Education, Local Government
      An Act to make provision about free childcare for young children of working parents and about the publication of information about childcare and related matters by local authorities in England.

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