1509816
Description
Flashcards by Tatiana Nikolaid, updated more than 1 year ago
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Created by Tatiana Nikolaid
about 10 years ago
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| Question | Answer |
| Parental Responsibility | Same with parental authority |
| Legal parentage | Rights related to nationality and name of the child. Obligations to maintenance of the child. |
| Parental Responsibility | - Right to choose school, religion - Discipline Obligation to take care of the child. |
| England | Before parental power - After parental responsibility |
| The Netherlands | Preference to parental authority and not to parental responsibility |
| Enlgand and Wales Parental Responsibility - Definition | Section 3(1), Children Act 1989 “Parental responsibility” means all the rights, duties, powers, responsibility and authority which by law a parent of a child has in relation to the child and his property.” |
| Parental Responsibility | - Automatic or determined act to acquire - Married couples - Unmarried couples - Non-parents |
| England and Wales | Married couples - automatic Unmarried - only mother has automatic PR Non-parents - do not acquire automatic PR. |
| England and Wales Non-automatic acquisition | -Unmarried father can acquire if - gets married with the mother - becomes guardian of the child - agreement for PR with the mother - obtaining PR order - Registering as father on the birth certificate - Obtaining residence order. |
| England and Wales Parental responsibility agreement | - Only if in the prescribed form and recorded in the prescribed manner. These are set out in the Parental Responsibility Agreement Regulations 1991 |
| England and Wales Parental responsibility agreement | - Child does not have to be present or habitually resident - Balance achieved between pressure exerted on mothers/formal procedure - No test of whether in the child’s best interests |
| England and Wales Parental responsibility order | The court may upon the application of an unmarried father order that he have PR over a child. Paternity will have to be proved if in doubt or disputed. Deciding in accordance with best interest of the child principle. |
| The followings factors will be taken into account: | - The degree of commitment which the father has shown towards the child - The degree of attachment which exists between father and child |
| The factors that will be taken into account: | - The reasons for the father applying for the order |
| Examples of when rejected: | - Father treated mother with hatred and violence - Inappropriate motives to undermine mother’s care |
| The followings factors will be taken into account: | - Even if satisfied, the court still has a duty to apply the paramountcy test in s.1(1) |
| Those people who are not even legal parents of the child may apply for PR: | - They have the office of guardian - In possession of a residence order - In possession of an emergency protection order - Local authorities (care order) |
| Child Abduction governed by | Hague Abduction Convention 1980 Brussels II-bis Regulation European Convention on Human Rights Charter on Fundamental Rights of the EU |
| ECtHR Schneider v. Germany Facts | - Applicant had a relationship with a married woman - Claimed to be the biological father of her son. Acknowledged paternity of the child to be born before Youth Office - Legal father was the mother's husband - German Courts refused to allow the applicant's contact with his son |
| ECtHR Schneider v. Germany COURT | - German Court claimed that there was not family life since the applicant had never a close personal contact with his son. - ECtHR - violation of family life even if short family life - could impair child's identity |
| ECtHR Schneider v. Germany COURT | - German Court decided based on the best interests of the married couple and the child. - ECtHR: German Courts failed to keep a fair balance between the interests at stake. |
| Parental Responsibilities | - Rights, duties, authority, powers and responsibilities - upbringing, education and property - Representing the child legally. - Principle of the child’s best interests |
| Parental Responsibilities | - All children are subject to the authority of their parents until the child is 18 - Issues of access/visitation and custody interact and overlap, and represent all of the aspects of care and control |
| Custody rights | Rights and responsibilities related to the child’s well-being, education and development. - These rights include whether the child should live and education. |
| Contact/Access/Visitation rights: | - Whether the other parent/social parent/close relatives had the right to visit the children. - After ratification of CRC ''access'' replaced by ''contact'' |
| Access/contact/visitation | Child's right to keep personal contact with the other parent |
| Access/contact/visitation Who acquires? | - Legal parents - Other close personal relationships such as social parents, grandparents and child. |
| Access/Contact/Visitation The Court - Other personal relationships | - Best interest of the child - visiting rights not interpreted in a restrictive way when proved beneficial for the child. - Emotional and social role they played in the child's life in order to recognize such a wide-reaching relationship - Specific circumstances of the case |
| Custody and Visiting Rights | - Laws are different in each system General Principle: a) Joint custody b) Sole custody - the other parent has the right to visit the child at certain times. |
| Custody and Visiting Rights Determination by: | a) Mutual agreement - must legally approved b) Judicial determination: best interest of the child |
| Custody and Visiting Rights Determination: | - If more than one countries the courts are competent to rule on parental responsibility in the Member State where the child is habitually resident - All EU Countries recognize the right of the child to have personal relationships, even if one parent lives in another country. |
| The Netherlands: Shared Parenting and Responsible Divorce and Separation Act 2009 - Parenting Plan | - People divorcing have the obligation to make agreements about the care of the minor child. |
| The Netherlands: Shared Parenting and Responsible Divorce and Separation Act 2009 - Parenting Plan must include: | - The division of care responsibilities - Child maintenance payments - The exchange of information concerning their children’s property - The parenting plan must be submitted together with a petition for divorce |
| The Netherlands: Shared Parenting and Responsible Divorce and Separation Act 2009 - Parenting Plan must include: | - Parents can call a mediator to help them draw the plan up. - The underlying principle is that parents will continue to share parental authority over their children . |
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