by Sarah P | Aug 25, 2014 | Dictionary
‘Children and Families Court Advisory and Support Service’ gives us the acronym ‘Cafcass’. The function of Cafcass is to advise the court about what is in the best interests of the child whom it represents in family proceedings. The principal functions of...
by Sarah P | Aug 24, 2014 | Project
Because we need to protect children from harm. But equally we need to protect families from arbitrary interference by the state. Leaving a child to suffer harm in an abusive family is a tragedy. So too is taking a child away for no good reason. There is often tension...
by Sarah P | Aug 24, 2014 | Dictionary
‘Proportionality’ is the key concept to understanding how family law operates. This comes from Article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). The ECHR has been given ‘direct effect’ into domestic law by the Human Rights...
by Sarah P | Aug 24, 2014 | Dictionary
Care and Supervision orders were created by Part IV of the Children Act 1989. On the application of the local authority (LA) or the NSPCC the court can consider making either order if the provisions of section 31 are made out. This requires the judge to be satisfied...
by Sarah P | Aug 24, 2014 | Dictionary
A care or supervision order can only be lawful if the court satisfies a two stage test. The first stage – the threshold stage – there must be sufficient reasons to justify making a care or supervision order, i.e. the case must cross a threshold. This threshold can...
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