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 upbringing of a child; or b) the administration of a child’s property or the application of any income arising from it, the child’s welfare shall be the court’s paramount consideration The child’s welfare is thus the paramount consideration in both private proceedings, for example under Part II and in public law proceedings for example under Part IV and emergency protection under Part V of the Children Act 1989.......(short extract)
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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