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PPC1 Family Law study materials
PPC1 Family Law study resources

PPC1 Family Law practice questions

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Question 1Family & Child Law

Under the Divorce, Dissolution and Separation Act 2020 (England and Wales), which ground must a petitioner establish to obtain a divorce?

  1. The marriage has broken down irretrievably Correct answer.
  2. The respondent has committed adultery and the petitioner finds it intolerable to live with them
  3. The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them
  4. The parties have lived apart for a continuous period of at least two years

Explanation

The 2020 Act replaced the five factual grounds with a single statement that the marriage has broken down irretrievably. Adultery, separation and behaviour are no longer facts to be proved; the court takes the statement as conclusive. This removed the need to attribute fault or wait for a separation period.

Question 2Family & Child Law

In England and Wales, what is the minimum period that must elapse between the presentation of a divorce petition and the making of the conditional order?

  1. Three months
  2. Twenty weeks Correct answer.
  3. Twelve months
  4. Six weeks

Explanation

The Divorce, Dissolution and Separation Act 2020 introduced a 20-week minimum period between petition and conditional order. Its purpose is to allow a period of reflection before the conditional order is granted. A further six weeks then runs between the conditional order and the final order.

Question 3Family & Child Law

A couple married in 2015 and separated in 2023. One spouse now petitions for divorce in England and Wales. Which statement correctly describes the court's approach to the irretrievable breakdown statement?

  1. The statement is conclusive that the marriage has broken down irretrievably Correct answer.
  2. The statement is only accepted if both parties sign it
  3. The court investigates the truth of the statement before granting the conditional order
  4. The court requires corroborating evidence from a third party

Explanation

Section 1 of the 2020 Act provides that the court must treat the statement as conclusive evidence that the marriage has broken down irretrievably. The court does not conduct an inquiry into the truth of the statement. This is a deliberate departure from the old requirement to prove a factual ground.

Question 4Family & Child Law

In England and Wales, which order is designed to regulate the parties' financial arrangements on divorce and, once made, is intended to be final?

  1. A prohibited steps order
  2. A child arrangements order
  3. A financial remedy order Correct answer.
  4. A non-molestation order

Explanation

Financial remedy orders under the Matrimonial Causes Act 1973 deal with property, income, pensions and lump sums on divorce. The court aims to achieve a clean break where possible so that the order is final. Non-molestation and prohibited steps orders belong to the protective and children jurisdictions respectively.

Question 5Family & Child Law

Under section 25 of the Matrimonial Causes Act 1973, which factor is the court's first consideration when deciding financial provision on divorce?

  1. The parties' respective earning capacities
  2. The length of the marriage
  3. The standard of living enjoyed during the marriage
  4. The welfare of any child of the family under eighteen Correct answer.

Explanation

Section 25(1) requires the court to give first consideration to the welfare of any child of the family who is under eighteen. The other section 25 factors, such as length of marriage and standard of living, must still be weighed but are not given priority in the same way. This reflects the protective policy underlying the children provisions.

Question 6Family & Child Law

In England and Wales, which statutory provision enables a parent to apply for a child arrangements order regarding with whom a child is to live?

  1. Section 31 of the Children Act 1989
  2. Section 47 of the Children Act 1989
  3. Section 1 of the Family Law Act 1996
  4. Section 8 of the Children Act 1989 Correct answer.

Explanation

Section 8 of the Children Act 1989 defines the private law orders, including child arrangements orders that replaced residence and contact orders. These orders regulate where a child lives and with whom they spend time. Section 31 concerns care and supervision orders, and section 47 concerns child protection enquiries.

Question 7Family & Child Law

When a court determines any question with respect to the upbringing of a child under the Children Act 1989, which principle governs its decision?

  1. The wishes of the parent with primary care
  2. The child's own preference once over the age of ten
  3. The preservation of the family unit above all other considerations
  4. The welfare of the child, which is paramount Correct answer.

Explanation

Section 1(1) of the Children Act 1989 makes the child's welfare the court's paramount consideration. The welfare checklist in section 1(3) structures how that assessment is made. Parental wishes and family preservation are relevant but do not displace the paramountcy of welfare.

Question 8Family & Child Law

What is the statutory maximum duration of a non-molestation order made under the Family Law Act 1996?

  1. Six months
  2. There is no statutory maximum duration Correct answer.
  3. Twelve months
  4. Two years

Explanation

Section 42 of the Family Law Act 1996 allows a non-molestation order to be made for a specified period or until further order, with no statutory ceiling. This contrasts with occupation orders, which are subject to time limits depending on the applicant's entitlement. The open-ended nature reflects the protective purpose of the order.

Question 9Family & Child Law

A local authority seeks an order to remove a child from parental care on the basis that the child is suffering significant harm. Which order is the appropriate public law application?

  1. A special guardianship order under section 14A
  2. A family assistance order under section 16
  3. A care order under section 31 of the Children Act 1989 Correct answer.
  4. A child arrangements order under section 8

Explanation

Section 31 permits the court to make a care or supervision order where the threshold criteria are satisfied, namely significant harm attributable to the care given or likely to be given. A care order shares parental responsibility with the local authority. The other orders are private law or supportive measures that do not transfer responsibility in the same way.

Question 10Family & Child Law

Which statement best describes the threshold criteria for a care or supervision order under section 31 of the Children Act 1989?

  1. The parents have separated and cannot agree on arrangements
  2. The child's educational attainment is below the expected level
  3. The child has suffered harm of any kind regardless of its source
  4. The child is suffering, or is likely to suffer, significant harm attributable to the care given or likely to be given Correct answer.

Explanation

Section 31(2) sets out the threshold: the child is suffering or likely to suffer significant harm, and that harm is attributable to the care given to the child or likely to be given if the order were not made. Both limbs must be satisfied before the court moves to the welfare stage. The threshold is deliberately set at a high level to protect family autonomy.

Question 11Family & Child Law

In private law proceedings about a child, when may the court order a section 7 welfare report?

  1. Only where both parents consent to the report
  2. Where the court considers it necessary to enable it to determine the question Correct answer.
  3. Only where the child is over the age of twelve
  4. Only where there are allegations of physical abuse

Explanation

Section 7 of the Children Act 1989 empowers the court to ask a local authority or a CAFCASS officer to report on the welfare of the child where the court considers it necessary. The test is necessity, not consent or a specific allegation. The report informs the court's welfare analysis.

Question 12Family & Child Law

Which of the following is a key difference between a special guardianship order and an adoption order?

  1. A special guardianship order gives parental responsibility to the guardian, whereas adoption transfers parenthood to the adopter Correct answer.
  2. A special guardianship order can only be made in favour of a local authority
  3. A special guardianship order lasts until the child reaches sixteen, whereas adoption is lifelong
  4. A special guardianship order severs the legal link with the birth parents, whereas adoption does not

Explanation

A special guardianship order under section 14A of the Children Act 1989 gives the special guardian parental responsibility to the exclusion of others, but the birth parents remain the legal parents. Adoption under the Adoption and Children Act 2002 transfers legal parenthood permanently to the adopter. This distinction is central to choosing between the two orders.

Question 13Family & Child Law

In relation to parental responsibility for a child born to unmarried parents, which statement reflects the current position in England and Wales for a child born after 1 December 2003?

  1. The father never acquires parental responsibility without marrying the mother
  2. The father acquires parental responsibility automatically if he is registered as the child's father Correct answer.
  3. The father acquires parental responsibility only if he pays child maintenance
  4. The father acquires parental responsibility only by court order

Explanation

Since 1 December 2003, an unmarried father who is recorded as the child's father on the birth registration acquires parental responsibility automatically. Parental responsibility may also be acquired by agreement or court order. Marriage and financial support are not the operative criteria.

Question 14Family & Child Law

Under the Children Act 1989, when may a court make a prohibited steps order?

  1. To authorise a local authority to investigate the child's circumstances
  2. To prevent a person from taking a step of a kind that could be taken by a parent in meeting parental responsibility Correct answer.
  3. To transfer parental responsibility permanently to a relative
  4. To require a person to take a specific step in relation to a child

Explanation

Section 8 defines a prohibited steps order as an order that no step which could be taken by a parent in meeting parental responsibility shall be taken without the court's consent. It is a negative injunction protecting the child's welfare. A specific issue order, by contrast, directs a positive step.

Question 15Family & Child Law

A court is considering an application for an occupation order. Which factor is central to the court's assessment under section 33 of the Family Law Act 1996?

  1. The housing needs and resources of the parties and any relevant child Correct answer.
  2. Whether the respondent has a criminal conviction
  3. The applicant's financial resources alone
  4. The length of the parties' relationship only

Explanation

Section 33 requires the court to have regard to the housing needs and housing resources of the parties and of any relevant child, along with their financial resources and the likely effect of making or not making the order. These factors guide the balance of harm test. A criminal conviction may be relevant context but is not the statutory touchstone.

Question 16Family & Child Law

In ancillary relief proceedings, what does the 'clean break' principle under section 25A of the Matrimonial Causes Act 1973 seek to achieve?

  1. Terminating all contact between the parties' children and the non-resident parent
  2. Removing the parties' parental responsibility for their children
  3. Ending the parties' financial interdependence so far as is just and reasonable Correct answer.
  4. Cancelling any prenuptial agreement the parties had made

Explanation

Section 25A requires the court to consider whether it can terminate the parties' financial obligations to each other on the making of the order. The aim is to achieve independence rather than ongoing maintenance dependency. The court must still consider whether a clean break is just and reasonable in the circumstances.

Question 17Family & Child Law

Under the Adoption and Children Act 2002, which body must be involved before a court can make a placement order authorising a local authority to place a child for adoption?

  1. An adoption agency, with the local authority applying Correct answer.
  2. The child's general practitioner
  3. The child's school
  4. The Office of the Public Guardian

Explanation

A placement order is made on the application of a local authority following the adoption agency's decision that the child should be placed for adoption. The court must be satisfied that the section 31 threshold is met and that adoption is in the child's best interests. The order dispenses with parental consent to placement.

Question 18Family & Child Law

Which principle from the Children Act 1989 requires a court to consider whether making an order would be better for the child than making no order at all?

  1. The parental responsibility principle
  2. The no order principle Correct answer.
  3. The threshold principle
  4. The welfare paramountcy principle

Explanation

Section 1(5) provides that the court shall not make an order unless it considers that doing so would be better for the child than making no order at all. This is known as the no order principle. It reflects the view that litigation and court orders are not always in a child's interests.

Question 19Family & Child Law

A court is asked to make a family assistance order under section 16 of the Children Act 1989. Which condition must be satisfied for the order to be made?

  1. The parents must both be legally represented
  2. The local authority or an officer of the Service must be available to be named in the order Correct answer.
  3. The parties must have been married for at least three years
  4. The child must be over the age of ten

Explanation

A family assistance order requires the consent of the parties and the availability of a local authority or an officer of the Service to be named. It is a short-term supportive measure, normally lasting up to twelve months. It does not transfer parental responsibility.

Question 20Family & Child Law

Which of the following best describes the status of a prenuptial agreement in England and Wales following Radmacher v Granatino?

  1. It is of no weight and may be disregarded entirely by the court
  2. It is enforceable only if it has been approved by the court before the marriage
  3. It is a relevant factor that the court will give effect to unless it would be unfair to do so Correct answer.
  4. It is automatically binding and enforceable in the same way as a court order

Explanation

Radmacher confirmed that a nuptial agreement freely entered into by each party with a full appreciation of its implications should be given weight unless it would be unfair to hold the parties to it. It is therefore a significant but not conclusive factor. The court retains its discretion under section 25.

Question 21Family & Child Law

In the context of financial remedies, how does the court typically approach the sharing principle following White v White and Miller v Miller?

  1. All pre-marital assets are always shared equally regardless of their origin
  2. Assets built up during the marriage are generally shared equally unless there is good reason to depart from equality Correct answer.
  3. The higher earner retains all assets they have earned during the marriage
  4. Only assets in the parties' joint names are shared equally

Explanation

The sharing principle treats the fruits of the matrimonial partnership as ordinarily to be shared equally, with a departure only where there is good reason. Pre-acquired or non-matrimonial property may be treated differently. The court weighs the section 25 factors and the needs of the parties.

Question 22Family & Child Law

Which of the following is the correct test for the court's exercise of its discretion to make a child arrangements order where there are allegations of domestic abuse between the parents?

  1. The court must apply the welfare principle and consider the allegations as part of the welfare analysis Correct answer.
  2. The court must transfer the case to the family court's criminal division
  3. The court must automatically order supervised contact in every case
  4. The court must refuse to make any order until a criminal conviction is secured

Explanation

Allegations of domestic abuse are relevant to the welfare analysis and to the court's assessment of risk, but they do not trigger an automatic outcome. The court must weigh the evidence and apply the welfare checklist. Practice guidance requires the court to consider the impact of abuse on the child and the safe arrangements for contact.

Question 23Family & Child Law

In a contested application for a care order, what is the significance of the Supreme Court's decision in Re B (A Child) (Care Proceedings: Threshold Criteria)?

  1. It held that parental consent is always required for a care order
  2. It held that the threshold criteria apply only to children over the age of five
  3. It abolished the need for the court to consider the welfare stage once the threshold is met
  4. It held that the threshold criteria must be satisfied at the date of the final order, not the date of the application Correct answer.

Explanation

Re B clarified that the relevant date for assessing whether the threshold criteria are satisfied is the date of the final order, not the date the application was made. This ensures the court evaluates current risk. It does not remove the separate welfare stage once the threshold is crossed.

Question 24Family & Child Law

How does the court approach a 'needs' based award in a long marriage where the assets are insufficient to meet both parties' housing needs?

  1. It awards all assets to the party with the greater earning capacity
  2. It refuses to make any order because the assets are insufficient
  3. It applies the sharing principle equally regardless of the resulting housing shortfall
  4. It prioritises the parties' needs and may order a sale or deferred provision to meet them Correct answer.

Explanation

In a needs-based case the court seeks to meet the parties' housing and income needs, which may involve a sale, a lump sum or deferred provision. The sharing principle gives way to needs where the assets cannot satisfy both. The court retains a broad discretion under section 25.

Question 25Family & Child Law

What is the effect of a child arrangements order on a parent's parental responsibility?

  1. It removes parental responsibility from the non-resident parent
  2. It suspends parental responsibility for the duration of the order
  3. It transfers parental responsibility to the court
  4. It does not affect the parties' parental responsibility, which continues in full Correct answer.

Explanation

A child arrangements order regulates the practical arrangements for the child but does not alter the legal status of parental responsibility. Both parents retain parental responsibility unless it is removed by adoption or another specific order. The order operates alongside parental responsibility rather than replacing it.

Question 26Family & Child Law

Under the Matrimonial Causes Act 1973, which ground must be established to petition for divorce in England and Wales?

  1. The parties have separated by consent
  2. One party has committed adultery
  3. The marriage has broken down irretrievably Correct answer.
  4. The parties have lived apart for at least two years

Explanation

Section 1(1) of the Matrimonial Causes Act 1973 provides that a petition may be presented only on the ground that the marriage has broken down irretrievably. The five facts in section 1(2) are simply ways of proving that ground, not grounds in themselves.

Question 27Family & Child Law

A petitioner relies on the fact of adultery under section 1(2)(a) of the Matrimonial Causes Act 1973. Which requirement must additionally be satisfied?

  1. The adultery must have produced a child
  2. The parties must have lived apart for six months
  3. The petitioner finds it intolerable to live with the respondent Correct answer.
  4. The respondent must admit the adultery in writing

Explanation

Section 1(2)(a) requires both that the respondent committed adultery and that the petitioner finds it intolerable to live with the respondent. The intolerability need not be caused by the adultery, but it must exist at the date of the petition.

Question 28Family & Child Law

Which statutory provision sets out the court's power to make periodical payments and lump sum orders on divorce?

  1. Section 25A of the Matrimonial Causes Act 1973
  2. Section 23 of the Matrimonial Causes Act 1973 Correct answer.
  3. Section 17 of the Married Women's Property Act 1882
  4. Section 1 of the Domestic Proceedings and Magistrates' Courts Act 1978

Explanation

Section 23 of the Matrimonial Causes Act 1973 confers the power to order periodical payments and lump sums in favour of a party or a child of the family. Section 25A deals with the duty to consider a clean break, not with creating the orders themselves.

Question 29Family & Child Law

In deciding an application under section 23 of the Matrimonial Causes Act 1973, which list of factors must the court have regard to under section 25?

  1. The parties' conduct in every case as the primary factor
  2. Only the parties' current incomes and capital assets
  3. Only the length of the marriage and the parties' ages
  4. The welfare of any child, financial resources, needs, standard of living, age, health and contributions Correct answer.

Explanation

Section 25(2) sets out a checklist including the welfare of children, income and earning capacity, financial needs and obligations, standard of living, age and health, and contributions to the family. The court must weigh all relevant factors, with first consideration given to the welfare of a minor child.

Question 30Family & Child Law

A spouse applies for a lump sum order years after the divorce. Which statutory provision allows the court to vary or reconsider the original order?

  1. Section 31 of the Matrimonial Causes Act 1973 Correct answer.
  2. Section 28 of the Matrimonial Causes Act 1973
  3. Section 24B of the Matrimonial Causes Act 1973
  4. Section 10 of the Matrimonial Causes Act 1973

Explanation

Section 31 of the Matrimonial Causes Act 1973 permits the court to vary, discharge or suspend periodical payments and to make a lump sum order on an application to vary. The court applies the section 25 factors afresh to the changed circumstances.

Question 31Family & Child Law

A couple married in 2010 and separated in 2023. The wife seeks a pension sharing order. Which statutory provision enables the court to make such an order?

  1. Section 24B of the Matrimonial Causes Act 1973 Correct answer.
  2. Section 24 of the Matrimonial Causes Act 1973
  3. Section 22 of the Matrimonial Causes Act 1973
  4. Section 25B of the Matrimonial Causes Act 1973

Explanation

Section 24B of the Matrimonial Causes Act 1973 empowers the court to make pension sharing orders, transferring pension rights between the parties. Section 24 deals with property adjustment, and section 25B concerns the duration of periodical payments.

Question 32Family & Child Law

What is the effect of section 25A(1) of the Matrimonial Causes Act 1973 when the court makes a financial order?

  1. The court must consider whether it is appropriate to terminate the parties' financial obligations to each other Correct answer.
  2. The court must always make a clean break order
  3. The court must order equal division of all assets
  4. The court must refer the case to mediation before making any order

Explanation

Section 25A(1) imposes a duty on the court to consider whether it would be appropriate to require financial obligations between the parties to be terminated as soon as is just and reasonable. It does not mandate a clean break where continuing support is needed, for example where there are young children.

Question 33Family & Child Law

Which statutory provision governs the court's power to make a non-molestation order under the Family Law Act 1996?

  1. Section 42 Correct answer.
  2. Section 40
  3. Section 47
  4. Section 33

Explanation

Section 42 of the Family Law Act 1996 empowers the court to make a non-molestation order for the benefit of an associated person. Section 33 deals with occupation orders where the applicant has a right to occupy, and section 40 deals with the balance of harm test.

Question 34Family & Child Law

An applicant seeks an occupation order under section 33 of the Family Law Act 1996. What must the applicant establish as a threshold requirement?

  1. The applicant has a beneficial or contractual right to occupy the dwelling-house Correct answer.
  2. The applicant is the sole legal owner
  3. The applicant has suffered physical violence
  4. The parties are still married

Explanation

Section 33 applies where the applicant has a right to occupy the dwelling-house, whether by virtue of a beneficial estate or interest, a contract or an enactment. The court then applies the section 33 factors and, where relevant, the balance of harm test.

Question 35Family & Child Law

In deciding whether to make an occupation order under section 33(6) of the Family Law Act 1996, what does the balance of harm test require?

  1. The court must order the respondent to leave the home permanently
  2. The court must prefer the applicant's interests in every case
  3. The court must find that the respondent has committed a criminal offence
  4. The court must weigh the harm to the applicant if the order is not made against the harm to the respondent or a child if it is made Correct answer.

Explanation

Section 33(6) requires the court to consider the harm that would be suffered by the applicant or a relevant child if the order were not made, against the harm to the respondent or a relevant child if it were. If the harm to the applicant side is likely to be greater, the court must make the order unless there is good reason not to.

Question 36Family & Child Law

Which of the following best describes the status of a child arrangements order under section 8 of the Children Act 1989?

  1. It regulates with whom a child is to live and the time a child is to spend with another person Correct answer.
  2. It automatically terminates on the child's sixteenth birthday
  3. It transfers parental responsibility permanently to the applicant
  4. It is only available to local authorities

Explanation

A child arrangements order under section 8 regulates the arrangements relating to a child's living and contact with named persons. It does not confer parental responsibility on the applicant, except where the applicant is a step-parent or other eligible person under section 12.

Question 37Family & Child Law

A grandparent wishes to apply for a child arrangements order. What procedural step must normally be taken first?

  1. Obtain leave of the court to apply Correct answer.
  2. Obtain the written consent of the local authority
  3. Apply for a special guardianship order first
  4. Apply for an emergency protection order

Explanation

Under section 10 of the Children Act 1989, a grandparent who is not a person with parental responsibility or a party to existing proceedings must obtain the court's leave to apply for a section 8 order. The court considers connection and merit when deciding leave.

Question 38Family & Child Law

Under section 12 of the Children Act 1989, which step-parent may acquire parental responsibility through a parental responsibility agreement?

  1. Any adult who lives with the child's mother
  2. A step-parent who has been married for at least five years
  3. A step-parent who has the child's consent only
  4. A step-parent married to or in a civil partnership with the child's parent who has parental responsibility Correct answer.

Explanation

Section 12 allows a step-parent who is married to or in a civil partnership with a parent having parental responsibility to acquire parental responsibility by agreement or court order. Cohabitation alone does not qualify, and the child's consent is not the mechanism.

Question 39Family & Child Law

A local authority is considering applying for a placement order for a child in its care. Which statutory provision sets out the threshold for making a placement order?

  1. Section 1 of the Adoption and Children Act 2002
  2. Section 21 of the Adoption and Children Act 2002 Correct answer.
  3. Section 31 of the Children Act 1989
  4. Section 47 of the Children Act 1989

Explanation

Section 21 of the Adoption and Children Act 2002 allows a placement order where the child is subject to a care order or the threshold criteria are satisfied and the child's welfare requires it. Section 31 of the Children Act 1989 supplies the threshold criteria but not the placement order power itself.

Question 40Family & Child Law

In adoption proceedings, what does section 1(2) of the Adoption and Children Act 2002 require the court to treat as paramount?

  1. The local authority's care plan
  2. The speed of the proceedings
  3. The wishes of the birth parents
  4. The child's welfare throughout the child's life Correct answer.

Explanation

Section 1(2) of the Adoption and Children Act 2002 states that the child's welfare throughout the child's life is the court's paramount consideration. This extends the welfare principle beyond childhood to the whole of the child's life.

Question 41Family & Child Law

Which person's consent is required before a child may be placed for adoption under section 19 of the Adoption and Children Act 2002?

  1. Each parent or guardian with parental responsibility, given with full understanding Correct answer.
  2. Only the consent of the local authority
  3. Only the mother's consent
  4. The consent of any person who cares for the child

Explanation

Section 19 requires the consent of each parent or guardian with parental responsibility, given with full understanding of what adoption involves. Consent must be given freely and with full knowledge, and may be dispensed with by the court in limited circumstances.

Question 42Family & Child Law

A child who has been adopted asks whether the adoption order can be revoked. Which statement reflects the law in England and Wales?

  1. An adoption order is generally irrevocable once made, save in exceptional circumstances Correct answer.
  2. An adoption order may be revoked by agreement between the parties
  3. An adoption order may be revoked at the child's request at age 16
  4. An adoption order lapses automatically if the adopters divorce

Explanation

An adoption order is intended to be permanent and is generally irrevocable once made, reflecting its lifelong effect on status. Revocation is possible only in exceptional circumstances, such as where the order was obtained by fraud or where there has been a fundamental procedural irregularity.

Question 43Family & Child Law

Which statutory provision introduced the concept of parental responsibility into English law?

  1. Section 2 of the Children Act 1989 Correct answer.
  2. Section 1 of the Children Act 1989
  3. Section 31 of the Children Act 1989
  4. Section 8 of the Children Act 1989

Explanation

Section 2 of the Children Act 1989 defines parental responsibility and provides that it is shared between parents where they are married at birth or subsequently acquire it. Section 1 sets out the welfare principle and the no-order presumption.

Question 44Family & Child Law

A father who was not married to the child's mother at birth wishes to acquire parental responsibility without going to court. Which route is available to him?

  1. Asking the local authority to confer parental responsibility
  2. Obtaining a residence order under the old law
  3. Registering the birth jointly with the mother or making a parental responsibility agreement with her Correct answer.
  4. Applying for a child arrangements order only

Explanation

An unmarried father may acquire parental responsibility by being registered as the child's father on the birth certificate, by a parental responsibility agreement with the mother, or by a court order. Joint registration and agreement are the non-court routes.

Question 45Family & Child Law

What is the effect of a parental responsibility agreement made under section 4 of the Children Act 1989?

  1. It must be recorded in the prescribed form and filed with the court to take effect Correct answer.
  2. It lasts only until the child reaches 16
  3. It takes effect immediately without any formalities
  4. It requires the approval of the local authority

Explanation

A parental responsibility agreement under section 4 must be made in the prescribed form and filed with the court to be effective. Once properly recorded, it confers parental responsibility on the unmarried father until the child reaches 18.

Question 46Family & Child Law

In care proceedings, what does the 'threshold criteria' in section 31(2) of the Children Act 1989 require the court to find?

  1. That the parents have separated
  2. That the child has been excluded from school
  3. That the child is suffering, or is likely to suffer, significant harm attributable to the care given or likely to be given Correct answer.
  4. That the family is living in poverty

Explanation

Section 31(2) requires the court to be satisfied that the child is suffering, or is likely to suffer, significant harm and that the harm is attributable to the care given to the child, or likely to be given, not being what it would be reasonable to expect a parent to give.

Question 47Family & Child Law

What is the statutory time limit for a local authority to complete a section 47 enquiry under the Children Act 1989?

  1. Twenty-eight days
  2. Three months
  3. There is no fixed statutory time limit, but the enquiry must be conducted promptly Correct answer.
  4. Seven days

Explanation

Section 47 requires the local authority to make such enquiries as it considers necessary to enable it to decide whether to take action to safeguard the child. The Act sets no fixed deadline, though statutory guidance expects prompt action and a decision within 45 working days at most for the wider assessment process.

Question 48Family & Child Law

Which order may a local authority apply for when it needs immediate authority to remove a child to protect them from significant harm?

  1. An emergency protection order under section 44 of the Children Act 1989 Correct answer.
  2. A child arrangements order under section 8
  3. A care order under section 31
  4. A supervision order under section 35

Explanation

Section 44 of the Children Act 1989 allows the court to make an emergency protection order where there is reasonable cause to believe a child is likely to suffer significant harm unless removed or kept away from home. It lasts up to eight days and may be extended once for a further seven days.

Question 49Family & Child Law

What is the maximum duration of an emergency protection order made under section 44 of the Children Act 1989, including any extension?

  1. Three months in total
  2. Twenty-one days in total
  3. Eight days in total
  4. Fifteen days in total Correct answer.

Explanation

An emergency protection order lasts for up to eight days, and the court may extend it once for a further period of up to seven days, giving a maximum of fifteen days. Any further protection requires a different order, such as a care order.

Question 50Family & Child Law

In public law proceedings, what is the purpose of the 'care plan' prepared by the local authority?

  1. It replaces the need for a guardian ad litem
  2. It is confidential and cannot be disclosed to the court
  3. It sets out the local authority's proposals for the child's future care and is considered by the court when deciding whether to make a care order Correct answer.
  4. It is a binding contract between the parents and the local authority

Explanation

The care plan sets out the local authority's proposals for the child, including placement, contact and permanency, and the court considers it when deciding whether a care order is in the child's best interests. It is not a binding contract and may be revised as circumstances change.