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Question: Consider critically and analytically the extent to which the law and social policy in England and Wales serves to address and promote the needs of disabled children.
Answer: There is little doubt that disabled children represent some of the most vulnerable members of our society and as a distinct and identifiable group, their needs have historically been given less attention...
Details: - Mark: 75% | Course: Family Law | Year: 2nd/3rd | Words: 5520 | References: Yes | Date written: April, 2000 | Date submitted: February 20, 2009 | Coursework ID: 442
Question: Section 1(4) Children Act 1989 provides that the court may make a range of orders subject to the provisions of Section 1 in a range of proceedings. Describe all the types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed.
Answer: The types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed are as follows. A Residence Order (s 8 (1)) says where...
Details: - Mark: 73% | Course: Family Law | Year: 2nd/3rd | Words: 667 | References: Yes | Date written: July, 2000 | Date submitted: February 20, 2009 | Coursework ID: 448
Question: In English, Scottish and Northern Irish Law what is comprised in the term, 'the welfare principle', in their respective civil family jurisdictions. (5 Marks)
Answer: Section 1 (1) of the Children Act 1989 sets out general principles about how decisions should be made within court proceedings. When a court determines any question with respect to a) the...
Details: - Mark: 73% | Course: Family Law | Year: 2nd/3rd | Words: 763 | References: No | Date written: January, 2003 | Date submitted: February 20, 2009 | Coursework ID: 447
Question: Case Study Vivien and Cyril have five children billy aged 13, the son of Vivien’s first husband and a convicted armed robber, twins Sam and Sue, who are 9 and severely dyslexic, bobby who is 6, who is slow and withdrawn and phoebe, their 13 month old baby. Billy is always getting into trouble and has already had a number of informal cautions from the police. Sam and Sue have been statemented under the Education Acts but little has been done for them in a poor school on a OFSTED Warning List. Bobby has failed to reach his developmental milestones and the Health Visitor who has seen him as well as the baby is so worried about all the family that he has told Social Services that a Child Protection Conference should be convened. Who should be present at the Conference and what issues arising from the Children Act 1989 should be considered? What are Vivien and Cyril’s ‘rights’ under the Act?
Answer: It would appear that there are a number of complex and significant difficulties evident within the family, ranging from the offending behaviour of Billy for whom presumably Cyril does not have parental...
Details: - Mark: 72% | Course: Family Law | Year: 2nd/3rd | Words: 1770 | References: Yes | Date written: August, 1999 | Date submitted: February 20, 2009 | Coursework ID: 452
Question: Compare and contrast the differing definitions of Parental Responsibility provided in the Children Act 1989 and Children (Scotland) Act 1995.
Answer: Under Section 3 (1) of the Children Act 1989 parental responsibility is defined as all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in...
Details: - Mark: 72% | Course: Family Law | Year: 2nd/3rd | Words: 600 | References: No | Date written: August, 2000 | Date submitted: February 20, 2009 | Coursework ID: 450
Question: Critically analyse the extent to which it is true that ‘Marriage is still the referent; other partnerships are alternatives to it. Marriage … is accorded a privileged … status which provides a place for the legitimate expression of heterosexual desires, imbuing other types of sexual activity and other relationships with a lesser status’
(Diduck, A., and Kanagas, F., Family Law, Gender and the State (Third Edition, Hart 2012).
Answer: The trend for marriage is steadily declining. Alternatives to marriage, such as cohabitation, have become more widespread and common, whilst the Civil Partnership Act 2004 (CPA) has affected the sanctity of marriage...
Details: - Mark: 71% | Course: Family Law | Year: 2nd/3rd | Words: 2274 | References: Yes | Date written: October, 2012 | Date submitted: March 07, 2013 | Coursework ID: 778
Question: How and to what extent should parents participate in decision making about children seen to be suffering (or likely to suffer) significant harm?
Answer: The history of legislation in respect of child abuse prevention in this country has been one of major and fundamental tension between parents’ rights and the state’s responsibilities to provide protection for...
Details: - Mark: 70% | Course: Family Law | Year: 2nd/3rd | Words: 1941 | References: Yes | Date written: November, 1997 | Date submitted: February 20, 2009 | Coursework ID: 454
Question: Set out the definitions of child, mother and father provided by English law and how different do you think they are from what the ordinary person on the Clapham Omnibus might think? (4 Marks)
Answer: The Children Act 1989 (Section 105) and the Family Reform Act 1969 define a child as someone under the age of eighteen years. The Children Act 1989 as well as other legislation...
Details: - Mark: 70% | Course: Family Law | Year: 2nd/3rd | Words: 667 | References: No | Date written: March, 2006 | Date submitted: February 20, 2009 | Coursework ID: 446
Question: Children Policy Practice and the Law
Children’s Rights and the Law
Answer: The Human Rights Act 1998 is a piece of legislation that enables the European Convention on Human Rights to be incorporated within domestic law and become enforceable within the United Kingdom. In...
Details: - Mark: 70% | Course: Family Law | Year: 2nd/3rd | Words: 8622 | References: Yes | Date written: February, 1994 | Date submitted: October 13, 2008 | Coursework ID: 52
Question: To what extent and for what reasons would you agree with Goldstein, Freud and Solnit’s view that: ‘... to acknowledge that some parents, whether biological, adoptive or long-time foster may threaten the well-being of their children is not to suggest that state legislatures, courts, or administrative agencies can always offer such children something better and compensate them for what they have missed in their own home. By its intrusion the State may make a bad situation worse, indeed, it may turn a tolerable or even good situation into a bad one.’ (Before the Best Interests of the Child, 1990)
Answer: The extent to which the state can and should intervene into the workings of the family and particularly the nature of parenting and care children receive has been the focus of debate...
Details: - Mark: 69% | Course: Family Law | Year: 2nd/3rd | Words: 2024 | References: Yes | Date written: March, 2002 | Date submitted: February 20, 2009 | Coursework ID: 453