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Download Making Sense of the Children Act 1989 by Nick Allen PDF

By Nick Allen

The kids Act is an enormous piece of laws that has effects on all execs operating with kids. because the 3rd version of this e-book used to be released in 1996, there were a few vital advancements. This Fourth variation takes those advancements into account. issues mentioned comprise case legislation within the more desirable courts; the institution of CAFCASS; and the Fostering providers laws of 2002; and masses extra.

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Extra resources for Making Sense of the Children Act 1989

Example text

And yet doubts must remain about this part of our family law. How logical is it to link the legal status of a child’s father with a procedure that was designed for an entirely different purpose? And where does the new rule leave fathers who by the time of their child’s birth have fallen out with the mother? Is it satisfactory that they are forced into a litigation process should they wish to bring themselves up to the level of married men? Does this actually benefit the children concerned? Step-parents Under the scheme established by the Children Act, a person does not acquire parental responsibility for a child merely by looking after him.

Fathers who, for whatever reason, fail to do this can still acquire parental responsibility by entering into a section 4 agreement with the mother or, if the mother is opposed to an agreement, by persuading the court to make a section 4 order. Agreements and orders can be made at any time during a child’s minority. Statistics demonstrate very clearly the scale of what has been achieved through the enactment of section 111. In its consultation paper the Government pointed out that in 1996, 78 per cent of births outside marriage – 181,647 children – were registered by the parents jointly.

Emergency protection orders and interim care orders have strictly controlled life-spans and when such orders expire, so does the authority’s parental responsibility. Full care orders are different and they may last until the child is 18 [25]. On the other hand, care orders can, like residence orders, be discharged by the court at any time upon application. Placement orders in adoption cases will last until the child is adopted, or until the child marries or attains the age of majority, or until the order is revoked by the court [26].

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