Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles

Alternative Families and Changing Perceptions of Parenthood

Sep 29, 2018, 18:29 PM
Slug : ManchesLLP-MarchFLJ2011
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 1, 2011, 12:17 PM
Article ID : 95141

Simon Blain and Anna Worwood

Manches LLP

The Children Act 1989 (‘Children Act') does not contain a definition of the term ‘parent'. Therein lies much of the Act's flexibility; as concepts of parenthood have evolved since 1989, the Children Act has managed to keep up without the need for radical amendment. Section 1(3) of the Act (the welfare checklist) states that when the court is considering whether to make, vary or discharge a s 8 order, or a special guardianship order, it is to have particular regard (amongst many other things) to ‘how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs'.

Section 10(4) provides that any ‘parent' can apply for any s 8 order, as can a step-parent who has acquired parental responsibility, and any person in whose favour a residence order is in force. A broader set of people, who were not deemed to be ‘parents' when the Act was drafted, can apply for residence or contact orders (but not other s 8 orders). The people comprising that set are listed at s 10(5), and include (amongst others) a party to a marriage or a civil partnership in relation to whom the child is a child of the family, and any person with whom the child has lived for a period of at least 3 years. As other legislation has come into force, giving legal recognition (often belatedly) to the myriad of alternative family structures which have emerged and become recognised by society, the Children Act, with its undefined and therefore infinitely flexible concept of parenthood, has required little amendment.

To read the rest of this article, see March [2011] Family Law journal.

To log on to Family Law Online or to request a free trial click here

Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from