CHILDREN/CARE GLOSSARY




CAFCASS

The Children and Family Court Advisory and Support Service. An organisation which is independent of both the Courts and the Local Authority which deals with children related matters. CAFCASS officers may sometimes be directed to prepare reports for the Court outlining their recommendations which will always be in the best interests of the child.

CHANGE OF CHILD´S SURNAME

A child´s surname should only be changed where the written consent of every person who has parental responsibility has been obtained, or with permission from the Court.

CHILD

A person under the age of 18


CONTACT

Often referred to as "access" by clients.Contact refers to the arrangements for a child to spend time with another person (usually his parent) with whom he does not live.

Contact can range from regular visits and overnight stays, to extended contact during holidays.


When Courts consider applications for contact orders there is a presumption that contact should take place, unless there exists a very good reason why it should not.


We are sometimes asked by clients whether contact can be refused because the other parent is not paying maintenance for their child.We are afraid that failure to pay child maintenance is not of itself a justifiable reason to deny contact.


FAMILY ASSISTANCE ORDER

These orders are rare and are used in cases where exceptional circumstances exist. A Family Assistance Order may direct a person such as a CAFCASS Officer or Social Worker to assist the parties and the child with such things as managing contact arrangements or supporting a child through a very difficult time.


PARENTAL RESPONSIBILITY

This refers to all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

With the benefit of parental responsibility a person can make decisions about such things as a child´s schooling, religious faith, medical treatment etc.


Parents
Mothers automatically have parental responsibility for their child. Fathers have parental responsibility in certain circumstances:


a. if they are married to the mother of the child (this includes subsequent marriage after the child is born

b. where the father is named on the child´s Birth Certificate in respect of a child born after 31st December 2003.

c. where the father and the child´s mother enter into a "Parental Responsibility Agreement" providing for him to have parental responsibility for the child.

d. where the Court makes an Order for parental responsibility in favour of the father.


Step-parents

The law has changed fairly recently to enable a child´s parent who has parental responsibility for the child to enter into an agreement with their new husband/wife/civil partner (step-parent) to provide for the step-parent to have parental responsibility for the child.


A step-parent can also apply to the Court for an order enabling them to acquire parental responsibility for the child.

Other persons

If a person has the benefit of a residence order, they will also acquire parental responsibility whilst the residence order remains in force.


PRIVATE LAW PROCEEDINGS

This refers to applications made between individuals, not involving public bodies such as a Local Authority.


PROHIBITED STEPS ORDER

Such an Order prevents a parent from exercising their parental responsibility in a particular way. For example, it might be used to prevent a parent from attending a particular address when the child is present.


RESIDENCE

Some clients refer to this as "custody". A Residence Order confims the arrangements to be made as to the person with whom a child is to live.


SPECIAL GUARDIANSHIP ORDERS

When these Orders were first introduced they were commonly described as "super residence orders".

As a result of this Order, the "Special Guardian" will acquire parental responsibility for the child.

What distinguishes this type of Order from a Residence Oder, is that it entitles the person to exercise parental responsibility to the exclusion of any other person with parental responsibility.

Such an Order is particularly helpful where a child may be living with his extended family, such as with a grandparent.


SPECIFIC ISSUE ORDER

As the name implies, such orders deal with particular matters arising in connection with any aspect of parental responsibility. For example, this order may be used to direct which school a child should attend.



THE CHILDREN´S ACT 1989

This Act governs many of the common applications which can be made in relation to children, for example, contact and residence.



WELFARE PRINCIPLE

When a Court decides any question with respect to the upbringing of a child or the Administration of a child´s property, the child´s welfare shall be the Court´s paramount consideration. It is very important to remember this when one is involved in Court Proceedings concerning a child.


If a person has the benefit of a residence order, they will also acquire parental responsibility whiles the residence order remains in force.