chapter  10
24 Pages

Financial Support Without Decree

A sound understanding of the underlying theory of access to the law for child protection includes wardship, the inherent jurisdiction and the Children act (CA) 1989. The use of wardship to prevent kidnapping has to some extent been reduced in importance because of the Child Abduction Act (CAA) 1984 and the Port Alert System, which may be activated by the police if they are themselves alerted by any person to the fact that a minor is about to be abducted overseas. Parents have primary responsibility for their children, which is recognised by the European Convention on Human Rights Art 8 right to family life. Wardship is simply a sub-division of the non-statutory High Court inherent jurisdiction derived from the common law, and both wardship and the inherent jurisdictions more general powers may be used when no convenient statutory framework is applicable. The 2003 Laming Report recommendations generated the strengthened child protection function of local authorities and other agencies.