Certificate in Children Law - A Box Set of 6 Essential Modules

Introduction

This box set of 6 online modules presented by Sarah Inchley includes 6 x 30 minute modules which will be of interest to anyone involved in the area of children law.

This box set is ideal for those where children law is not their day to day practice or those looking for a refresher to consolidate their knowledge. The modules will cover the whole breadth of children law, look at the legal framework and leading caselaw and provide top tips for a successful children law practice.

Module 1: Parental Rights for a Child

This module will consider the key legal concept of Parental Responsibility together with how it is acquired by parents including same sex parents and children conceived by surrogacy. It will also consider how Parental Responsibility can be terminated or restricted.

This module will consider the following:

• Parental responsibility (‘PR’) - what is it?
• Who has it?
• How can PR be acquired?
• What about same sex parents or children? Human Fertilization and Embryology Act 2008
• PR and surrogacy - Parental Orders
• When is PR terminated or restricted?
• Disputes about how to exercise PR - medical treatment, faith, travel abroad and education

Module 2: Private Children Law

This module will consider the legal framework, practice and procedure governing disputes about a child which largely occur in the context of parental separation. What orders can be obtained under the Children Act 1989 and how the courts will determine disputes.

This module will include the following:

• Legal framework - key sections of Children Act 1989 and Family Procedure Rules
• Legal presumption of child’s involvement with both parents
• The concept of welfare and the ‘welfare checklist’
• Children Act Orders -
• Child Arrangements Orders
• Prohibited Steps Order applications
• Specific Issue Order applications
• S91(14) Orders
• Safeguarding concerns - drugs/alcohol misuse, physical, emotional and sexual abuse and domestic violence
• CAFCASS and the voice of the child. How are the child’s wishes and feelings communicated to the Court and will they be followed?
• Court process and procedure - the Child Arrangements Programme
• The instruction of experts in Children Act proceedings
• Police disclosure
• Covert recordings

Module 3: Domestic Abuse, Fact Finding Hearings & Parental Alienation

This module will consider the often interrelated topics of domestic abuse in the context of private law children proceedings, fact finding hearings and parental alienation.

It will also consider cases where one parent demonstrates alienating behaviours which may be an attempt to erode the other parent from a child’s life. It will seek to clarify the term ‘parental alienation’ so you can be confident as to the Court’s current approach to this concept and how to identify it in your cases.

The module will include the following:

• Prevalence of domestic abuse in public law and private law cases - how has the concept evolved
• Domestic Abuse Act 2021 - the definition including coercive control and controlling behaviour
• Domestic abuse allegations - Practice Direction 12J
• Fact findings hearings - what are they and when are they necessary?
• ‘Parental alienation’ - what is this? How can you identify it? Court’s approach and correct terminology

Module 4: Public Children Law

Public children law refers to the State’s involvement in a child’s life. This module will consider a Local Authority’s duties to a child and its rights and powers to intervene to safeguard them from harm including permanent removal from a parent’s care.

It will also look at the interplay between keeping a child safe and a child and parent’s right to private life.

The module will include the following:

• Legal framework - key sections of Children Act 1989 and Family Procedure Rules - s31 CA 1989. Human Rights Act 1998
• The legal test of ‘threshold’ and the concept of significant harm
• Child in Needs plans
• Child Protection Plans
• S47 investigations
• S37 investigations
• Public law outline
• Police powers of protection
• Emergency Protection Orders
• Care Orders
• Special Guardianship and kinship care
• Secure accommodation
• Deprivation of Liberty Orders

Module 5: International Children Law

This module will consider the legal framework concerning the international movement of children.

What legal steps can be taken to stop a child travelling abroad? What if a child has already been abducted abroad? How can they be returned?

It will also look at the key issues when working with families with cross border children law issues.

This module will include the following:

• Jurisdiction in children proceedings - when do the Court in England and Wales have jurisdiction to make decisions about a child?
• Relocation - seeking the court’s permission to permanently relocate a child to live overseas
• Child abduction - what is it? How to stop it?
• Prohibited Steps Order - s8 Children Act 1989
• Port alerts
• Hague Convention 1980
• The building blocks of a summary return application
• Habitual residence
• Rights of custody
• Defences to a summary return of a child under Hague Convention 1980
• Settlement
• Consent and acquiescence
• Grave risk of harm
• Settlement
• Wardship and the Inherent Jurisdiction - Non Hague Convention countries and Tipstaff Orders
• Rights of access Article 21 Hague Convention Cases

Module 6: Key Themes in Children Law

This module will consider some key issues in children law which are essential for anyone working in this field from transparency in the family court which is a current ‘hot topic’ to the instruction of experts in children act proceedings and when and how experts can be instructed.

This module will include the following:

• Alternative dispute resolution - mediation, what is MIAM? Arbitration?
• Costs applications - when can a party recover legal costs in children act proceedings?
• Legal aid - the key essentials of legal aid fundings in children law cases
• Transparency in the family courts - court reporting pilot

This webinar was recorded on 24th April 2024