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Chapter 8 Self-test questions
Quiz Content
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Which of the following statements in relation to parenthood is most accurate?
Advances in technology mean that a woman may not be genetically related to the child she gives birth to.
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Motherhood is always clear as only a woman can give birth.
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A child will always know their genetic father as their father.
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Despite changes in technology, legal parenthood is always determined by biological parentage.
correct
incorrect
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Not all legal parents automatically have parental responsibility. True or false?
True
correct
incorrect
False
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incorrect
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The woman who gives birth to a child is always the legal mother at birth. True or false?
True
correct
incorrect
False
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If a man donates sperm outside of a licenced clinic, will he be the child's legal father?
A sperm donor can never be a legal father, however the sperm was donated.
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A sperm donor will always be the legal father if sperm was donated outside of a licence clinic.
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incorrect
The legal status of the donor will depend on whether the mother is married or in a civil partnership.
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A sperm donor will be the legal father if sperm is donated outside a licenced clinic to a woman who is married or in a civil partnership.
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incorrect
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When a mother has donor insemination in a licensed clinic, if a mistake is made on the consent forms, the only route to legal parenthood for her partner is via adoption. True or false?
True
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incorrect
False
correct
incorrect
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Which of the following statements in relation to same-sex parents is correct?
The law does not recognise same sex couples as parents, so the child can only have ever had one father.
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Children can have three legal parents allowing both men in a same-sex couple can to be fathers.
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A child can have two legal fathers from the time of their birth as long as all the correct consent forms were signed.
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A child can only have one father at birth, but same-sex male couples can jointly adopt or apply for a parental order after a child has been born.
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incorrect
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What is the significance of s.12 of the Gender Recognition Act 2004?
That a transgender person's acquired gender is their legal gender including in relation to their status as a mother or father.
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That a transgender person's acquired gender is their legal gender except in relation to their status as a mother or father.
correct
incorrect
That a transgender person can be named on a birth certificate as 'parent' rather than mother or father.
correct
incorrect
That a transgender parent is able to change their status from mother to father or vice versa after the birth is registered.
correct
incorrect
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Why is important that births are registered? Choose all that apply.
It gives access to health care and education.
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It confers rights such as nationality.
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It means the child must be given a name.
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It gives the child important information such as donor conception.
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Which of the following statements correctly set out the rules and duties in relation to birth registrations, according to the Birth Registration Act 1953? Choose all that apply.
A mother cannot register the father on the birth certificate with his consent.
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A mother cannot register an unmarried father on the birth certificate without his consent.
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Married fathers can register the child without the mother being present.
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The duty to register the birth lies solely with the mother.
correct
incorrect
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What is the
pater est
presumption?
That the person who gave birth is the mother
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That if the mother is married, her husband is the father
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incorrect
That the biological father is the legal father
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incorrect
That in a same-sex couple, a woman's civil partner is a legal parent
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incorrect
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Of the following statements, which type of order can be made under s.21 of the Family Law Reform Act 1969?
An order for DNA testing
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A declaration of parentage
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That a DNA test is in a child's best interests
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incorrect
That a woman's husband is not the father
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incorrect
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In disputed paternity cases, it is usually considered to be in a child's best interests to know the truth about genetic parentage. True or false?
True
correct
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False
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A surrogacy arrangement is not enforceable in the UK. True or false?
True
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False
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Which of the following activities is unlawful? Choose all that apply.
Giving legal advice about the law in relation to surrogacy.
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Charging for a service to negotiate the making of a surrogacy arrangement.
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Helping to match a surrogate with intended parents free of charge.
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Helping to match a surrogate with intended parents in exchange for a fee.
correct
incorrect
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How did the case of
Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order
[2015] EWFC 73 lead to a change in the law?
Because the requirement that an applicant for parental order could only be made by two people was incompatible with the Article 8 of the ECHR.
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Because the death of one intended parent meant that a parental order could not be made, leaving the child parentless.
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Because the requirement that a couple had to be married in order to apply for a parental order was incompatible with Article 8 of the ECHR.
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Because not allowing a gay man to apply for a parenting order was discriminatory on grounds of sexual orientation.
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incorrect
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A person can have homes in more than one country and can therefore have more than one domicile. True or false?
True
correct
incorrect
False
correct
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Which of the following statements is correct in relation to the requirement that a parental order is made within six months of the child's birth? Choose all that apply.
The courts have interpreted this requirement loosely, in part because Parliament did not give a reason for the time limit.
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An application brought outside of the six-month time limit can be considered if it is in the best interest of the child to do so.
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The courts apply this time limit strictly to encourage parents to apply, thus preventing children's legal status remaining uncertain.
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The six-month time limit has now been abolished.
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Which of the following statements is correct as a result of
Re H (A Child) (Surrogacy Breakdown)
[2017] EWCA Civ 1798?
If the surrogate is married and her husband agreed to the surrogacy, the genetic father cannot be named on the birth certificate.
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incorrect
If the surrogate is married and her husband agreed to the surrogacy, the genetic father can still be named on the birth certificate.
correct
incorrect
If surrogate does not agree to a parental order her consent can be dispensed with if this in is the child's best interests.
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Even if it is a child's best interests to live with the intended parents, without her consent, the child will always remain living with the birth mother.
correct
incorrect
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Although commercial payments for surrogacy are unlawful, reasonable expenses can be paid to a surrogate and these are authorised when the parental order is made. True or false?
True
correct
incorrect
False
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Why might many people entering into surrogacy arrangements be unaware of the law until it is too late? Choose all that apply.
Because negotiating a surrogacy agreement on a commercial basis is unlawful so many law firms choose not to even give advice in this area.
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Because people choose not to find out the legal position because they think that surrogacy is immoral.
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Because advice is often given by volunteers at non-profit organizations who do are not legally qualified and who do not understand the law.
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Because many people cannot afford the legal fees involved in negotiating a proper agreement.
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incorrect
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What are the risks associated with international surrogacy? Choose all that apply.
The child can be unable to register for nationality in the UK or in the country of their birth, which renders them stateless.
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In countries where surrogacy is completely unregulated there is a risk of exploitation of gestational mothers.
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That the child will grow up with no legal parents due to commissioning parents' lack of understanding of the need to apply for a parental order regardless of the legal position in the country of child's birth.
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That the gestational mother may decide to keep the baby, leaving the commissioning parents without a child.
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Research has shown that children born through surrogacy arrangements suffer adverse effects on their well-being as they grow up. True or false?
True
correct
incorrect
False
correct
incorrect
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In a 2019 report, what did The Law Commission propose to introduce?
A complete ban on all forms of surrogacy.
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Removal of the ban on commercialization, allowing an unregulated free market.
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Introducing pre-birth authorization of parental orders allowing intended parents to become legal parents from the time of the birth.
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Automatic recognition of parenthood for intended parents, with no need for parental orders, if relevant consent forms are signed pre-conception.
correct
incorrect
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Why was the 1925 Guardianship of Infants Act so important?
It affirmed the father's common law rights as sole decision maker on upbringing.
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It introduced a presumption that a child lives with the mother if parents divorced.
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It removed the difference in the status of legitimate and illegitimate children.
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It introduced the concept that the welfare of the child should be the court's paramount concern when making decisions on upbringing.
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Section 3(1) Children Act 1989 does not set out the rights and responsibilities of a parent with parental responsibility. True or false?
True
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incorrect
False
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Which of the following people automatically have parental responsibility when a child is born?
Mother
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Father
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Intended parents in surrogacy
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Second female parent
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incorrect
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An unmarried father can acquire parental responsibility in a number of ways. Which of the following is not a route to parental responsibility for unmarried fathers?
By way of a court order.
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By marrying the mother.
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By way of a verbal agreement with the mother.
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incorrect
By being named on the birth certificate.
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incorrect
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Only parents can have parental responsibility. True or false?
True
correct
incorrect
False
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Parents can surrender or transfer parental responsibility if they are unable to care for a child.
True
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False
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If a child has an accident whilst in the care of someone without parental responsibility, what does s.3(5) Children Act 1989 allow?
Authorisation for medical treatment can be given by a doctor.
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A person with parental responsibility must be contacted for consent before any treatment is given.
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The person with care can do what is reasonable in the circumstances to safeguard the child's welfare.
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The person with care is presumed to have had parental responsibility delegated to them and can consent to whatever treatment they think necessary.
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Why is the decision in
Re J (Specific Issue Orders: Child's Religious Upbringing and Circumcision)
[2000] 1 FLR 571 significant?
It means that people with parental responsibility can act unilaterally when making important decisions about upbringing.
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It imposed a duty on those with parental responsibility to consult one another when making important decisions about upbringing.
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It introduced a presumption that unmarried fathers should be granted parental responsibility.
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It introduced a ban on changing children's surnames.
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incorrect
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Fathers lose parental responsibility if they get divorced from the mother. True or false?
True
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False
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When deciding whether to terminate parental responsibility, which of the following factors is relevant? Choose all that apply.
The of attachment and commitment shown.
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The extent to which the father can exercise parental responsibility in a way that is meaningful.
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The potential impact on the mother is parental responsibility is not terminated.
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The circumstances in which the father acquired parental responsibility.
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How can an order under s.91(14) restrict parental responsibility?
It prevents a person from making applications in relation to the child without first getting leave from the court to proceed.
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It allows the parent a child lives with to make decisions without consulting the other parent.
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It prevents a parent from taking a certain action such as changing a child's school.
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It allows a parent to acquire a passport for the child without the other parent's consent.
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incorrect
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Sam and Tania have been married for 10 years. They have a daughter, Ursula who is 5 years old. Around the time that Ursula was conceived, Tania had a brief affair with a colleague, Vitali. When she discovered she was pregnant she ended the affair and arranged with her company to be transferred to an office in a different city. She never told Vitali about the baby. Tania earned considerably more than Sam, so he gave up work to look after Ursula when she was a baby and now only works two mornings a week. He and Ursula are very close. Vitali has recently been working in the same building as Tania again and has seen a picture of Ursula in her office. He says that she is the spitting image of his sister at that age and believes that Ursula must be his daughter. He is demanding a DNA test, but Tania believes this will destroy Sam so has refused. Which of the following statements is most accurate in setting out the legal position?
Sam is Ursula's legal father due to the fact that he is married to Tania. Even if a DNA test proves that Vitali is her biological father, this will not change the fact that Sam is her legal father.
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If Tania refuses to agree to a DNA test there is nothing Vitali can do about the situation. As he does not have parental responsibility, he cannot make an application to court in relation to Ursula.
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incorrect
Sam is Ursula's legal father due to the fact that he is married to Tania, but Vitali can make an application to court for a declaration of parentage and the court may order a DNA test if Tania will not agree.
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Vitali can make an application to court for a declaration of parentage, but it is extremely unlikely that the court will make this order as in the majority of cases it is believed to be in children's best interests to protect the family structure that they know.
correct
incorrect
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Will and Xavier are civil partners. They have decided to have a child and after lengthy consideration they decided to enter into an informal surrogacy agreement with Will's sister, Zyanne. A baby girl, Amara, has been born following a DIY insemination using Xavier's sperm. Before the baby was born, they all agreed that Zyanne would live with Will and Xavier for three months so that she could breast feed Amara to give her the best start in life, but that at the end of the three months she would move out and not play any parental role in the baby's life. Amara is now 3 months old and Zyanne has said that she cannot bear to give her up. She has said that she would like to co-parent with Will and Xavier and that they can all be equal parents. Will and Xavier are devastated. They want to apply for a parental order and for Zyanne to stick to the original agreement. They don't believe that co-parenting will work and worry that Zyanne will not allow them to play a full role in Amara's life. She has said more than once that she does not think that two fathers is the best upbringing for a girl. What are the legal options available to Will and Xavier?
As Zyanne agreed to the surrogacy before Amara was born, Will and Xavier can still apply for a parental order which will make them full legal parents of Amara and end Zyanne's rights as a parent.
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As Zyanne does not consent to a parental order, the is nothing that Will and Xavier can do. Neither of them are legal parents to Amara as she born by donor insemination so they have no rights and have to depend on Zyanne's good will.
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The court cannot make a parental order without Zyanne's consent. Xavier is Amara's legal father as the insemination took place outside a clinic. He can make an application to court for parental responsibility and child arrangements order for Amara to live with him.
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The court cannot make a parental order without Zyanne's consent, but Will and Xavier can apply for adoption in order to become Amara's legal parents.
correct
incorrect
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Tariq agrees to donate sperm to his friend Sasha and her civil partner Rayla. They attend a clinic licenced by the HFEA and all the relevant consent forms are signed. Sasha gives birth to a baby boy, Noah. Who are Noah's parents?
Tariq and Sasha.
correct
incorrect
Sasha.
correct
incorrect
Tariq, Rayla and Sasha.
correct
incorrect
Rayla and Sasha.
correct
incorrect
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Bunmi has a son, Damiola, who is siz years old. She is not married to Damiola's father, Charles, and he has had little involvement in Damiola's life. He does pay maintenance and comes to visit three or four times a year. Charles is not named on Damiola's birth certificate as he was away travelling when Damiola was born. Charles recently turned up for a visit unannounced and was very critical of the way that Bunmi was bringing up Damiola. He said that she was too strict and that Damiola needed to be allowed more freedom and fun. He was also very critical of the fact that she did not allow Damiola access to computer games or to have his own phone. Following the visit, he made an application to court for a parental responsibility order. Bunmi is very opposed to him having parental responsibility as she thinks that he will use it to criticise and undermine her parenting. She is also worried that he could take Damiola abroad as he travels a lot for work and most of his family live in Australia. Charles has often talked of emigrating. How likely is it that Charles will succeed in his application?
There is a presumption that fathers should be granted parental responsibility unless this would present a severe risk of harm to a child, so it is very likely that Charles will succeed.
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The court will consider his degree of attachment and commitment and what he reasons for applying are. This will be difficult for Charles to demonstrate as he has not been a committed father and it is therefore very unlikely that an order will be made.
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It is likely that the court will order parental responsibility as it is considered that an order should be made unless there is no commitment or attachment and his reasons for applying are obviously wrong.
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It is unlikely an order will be made because Charles would be able to use this to undermine Bunmi's parenting and interfere with her day-to-day care of her son.
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incorrect
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