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.
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