CILEx L3 Family Law 2 — Questions and Answers
Question 1: Under s.1(1) of the Children Act 1989, what is the paramount consideration when a court determines any question regarding a child's upbringing?
- The wishes of both parents
- The welfare of the child (Correct answer)
- Financial stability of the household
- The child's nationality
Correct answer: The welfare of the child
Section 1(1) of the Children Act 1989 establishes that the child's welfare is the paramount consideration in proceedings concerning the child's upbringing.
Question 2: What is a Child Arrangements Order under s.8 of the Children Act 1989?
- An order placing a child in local authority care
- An order regulating with whom a child lives, spends time, or has contact (Correct answer)
- An order appointing a guardian for a child
- An order restricting a parent's financial obligations
Correct answer: An order regulating with whom a child lives, spends time, or has contact
A Child Arrangements Order under s.8 of the Children Act 1989 regulates with whom a child is to live, spend time, or otherwise have contact.
Question 3: Which principle in s.1(2) of the Children Act 1989 states that delay in resolving proceedings is generally prejudicial to a child's welfare?
- The non-intervention principle
- The no-delay principle (Correct answer)
- The welfare checklist
- The paramountcy principle
Correct answer: The no-delay principle
Section 1(2) of the Children Act 1989 establishes the no-delay principle, requiring courts to resolve proceedings without delay as delay is presumed harmful to the child.
Question 4: Who automatically acquires parental responsibility for a child born within a marriage under the Children Act 1989?
- The mother only
- Both the mother and the married father (Correct answer)
- The father only if registered on the birth certificate
- Both parents and all four grandparents
Correct answer: Both the mother and the married father
Under s.2 of the Children Act 1989, both the mother and the married father automatically acquire parental responsibility for their child.
Question 5: Which order under s.8 of the Children Act 1989 prevents a person from taking a specific step regarding a child without court permission?
- Child Arrangements Order
- Specific Issue Order
- Prohibited Steps Order (Correct answer)
- Supervision Order
Correct answer: Prohibited Steps Order
A Prohibited Steps Order under s.8 of the Children Act 1989 prevents a named person from taking a specific step in relation to a child without court consent.
Question 6: Under s.31 of the Children Act 1989, what threshold must be satisfied before a court can make a care or supervision order?
- The child has been neglected for over six months
- The child is suffering or likely to suffer significant harm attributable to the care given by the parents (Correct answer)
- Both parents have consented to the order
- The child has requested local authority intervention
Correct answer: The child is suffering or likely to suffer significant harm attributable to the care given by the parents
The s.31 threshold criteria require proof that the child is suffering, or is likely to suffer, significant harm attributable to the care given by the parents or their being beyond parental control.
Question 7: Under the Children Act 1989, which concept replaced the outdated terms 'custody' and 'access'?
- Residence and contact
- Guardianship and visitation
- Parental responsibility and child arrangements (Correct answer)
- Care and control
Correct answer: Parental responsibility and child arrangements
The Children Act 1989 replaced custody and access with the modern concepts of parental responsibility and child arrangements orders.
CILEx L3 Family Law 2
Under s.1(1) of the Children Act 1989, what is the paramount consideration when a court determines any question regarding a child's upbringing?