The attribution stage (Lanarkshire CC v B, Re S-B, Re J); Consider all of that conflicting case law.
Then move onto a consideration of the welfare stage and how this has factored in, along with the obvious no order principle and the welfare checklist.
This part it says they cannot remove purely on the basis of the welfare but isn't childs welfare paramount ?
Introduce the inherent tension which the question hints at.
Read more of the answer →Section 1(4) Children Act 1989 provides that the court may make a range of orders subject to the provisions of Section 1 in a range of proceedings.
Describe all the types of proceedings under the Children Act 1989 in which the principles set out in Section 1 must be followed.There are also many scholarship opportunities for law students.Find lawyer profiles, career opportunities, articles, and become a member of the Law Student Division.Consider all the issues discussed and see if the correct balance has been struck: does the case law seem too restrictive, or is it fair in balancing the rights of children against the rights of parents so as not to interfere too readily in family life?The local authority cannot remove the child purely on the basis of the child’s ‘welfare’ – that is, simply on the basis that the local authority believes that removal of the child and placement elsewhere would be better for the child than continuing to live with its parents.With your consent, we may propose submitting your essay to other legal industry publications for broader circulation. Applications should be submitted by email to All applicants will receive an email confirmation that their application has been received, and will be notified of the results when they are available.There is little doubt that disabled children represent some of the most vulnerable members of our society and as a distinct and identifiable group, their needs have historically been given less attention... Write an essay proposing practical innovations or substantive family law reform. At Davidson Fraese Family Lawyers we recognize that family law has both a broad and profound impact on Canadian families.Submit your essay by November 6, 2017 for consideration by a panel of family lawyers and scholars. Perhaps no other area of law has such a significant role to play in the well-being and future prosperity of our society.Section 1 (1) of the Children Act 1989 sets out general principles about how decisions should be made within court proceedings.When a court determines any question with respect to a) the...
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