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child protection in divorce


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The legal rules designed to safeguard the position of children of divorcees. In the past courts would routinely make orders for custody and access in respect of children on divorce. The Children Act 1989, however, introduced a presumption of non-interference; i.e. the court will assume that parents are able to make their own arrangements for their children and will only make an order if it is necessary to do so, for example when the parents are in disagreement. Divorce courts have wide powers to make financial provision and property adjustment orders in favour of children of the family, as well as any section 8 orders necessary to safeguard the child's welfare. If the court is concerned about the welfare of a child before it, it may direct a local authority to investigate the child's circumstances with a view to determining whether intervention is necessary.

Subjects: Law.


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