This chapter considers the increasingly important question of children’s participation in proceedings concerning them. It evaluates children’s right to participate in proceedings both as a matter of domestic and international law. It then assesses the complex law as to how children’s views are ascertained and the circumstances in which children will be represented both in private and public law. It then turns to children’s direct participation in family proceedings including children’s ability to initiate proceedings.
This chapter considers the law governing parents’ duty to provide financial support for their children. It discusses the key features of the child support regime and then examines the residual role of the courts to make financial provision orders for children. It also discusses private agreements between parents.
Having considered the content of parental responsibility in chapter 12, this chapter turns to its allocation. The chapter starts by explaining the allocation of parental responsibility automatically at the child’s birth and through registration on the birth certificate. It then turns to consider applications by unmarried, unregistered fathers for parental responsibility orders. The acquisition of parental responsibility by non-parents, including step-parents and local authorities is then outlined. Finally, it discusses the question of shared parental responsibility and how that responsibility may be exercised in the case of disagreement.
This chapter concerns parental child abduction, that is, where one parent takes the child to another place or jurisdiction without the other’s consent. The chapter discusses the issue both where the abduction is within the UK and where the child is taken to a foreign jurisdiction. The chapter begins by looking at the mechanisms to prevent abduction. It then considers the inter-UK position under the Family Law Act 1986 followed by an examination of the international position first with regard to abductions to and from ‘non-Convention countries’ and then with regard to those governed principally by the 1980 Hague Abduction Convention. In the latter regard it discusses the concepts of rights of custody, wrongful removal and wrongful retention and habitual residence. It then examines the making and refusing to make orders for the child’s return and ends with a discussion about the position with regard to access.
This chapter begins with a discussion of marriage as a legal concept, the legal recognition of same-sex relationships and creation of civil partnerships. It considers the rules governing entry into marriage and civil partnership and the presumption of marriage. It also discusses the concept of nullity of marriage or civil partnership, the concept of a ‘non-qualifying ceremony’ and the grounds for annulment. The chapter concludes with a discussion of cohabitation outside marriage and its recognition by the law.
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