Elements of Child Law in the Commonwealth Caribbean
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Description
Contents
Reviews
Language
English
ISBN
9789766400859
Contents
Preface and Acknowledgments
List of Cases
List of Statutes
CHAPTER 1 Scope of the Law Relating to Children
Introduction
Legal Regimes
English Basis of Regional Family Law
General Content of the Law Relating to Children
Definition of Child
Legal Position of Foetus
Relevant Legislation Regulating Abortions
Convention on the Rights of the Child
Legal Disabilities or Incapacities of Children
Contractual Disability
Sale and Lease of Property Belonging to Infants
Settlement of Infant's Property
Parties to Legal Proceedings
Testamentary Capacity
Trustees and Executors
Liability for Tort
Liability for Crime
Limitation Periods
Laws Affecting Children Generally
Status of Children: Legitimate versus Illegitimate
The Illegitimate Child under the Common Law
Social Reality
Effect of Status of Children Legislation
Perpetuation of Old Discriminations
CHAPTER 2 The Presumption of Legitimacy
Introduction
Statutory Presumptions
Common Law Presumption
Rebuttal of Presumption of Legitimacy
Absence of Sexual Relations
Scientific Evidence
CHAPTER 3 Legitimation by Statute
Introduction
Void Marriages
Voidable Marriages
Legitimation by Subsequent Marriage
Effects of Legitimation: Personal Rights and Obligations/Property Rights
Registration Procedure for Legitimation
Legitimation by Adoption
Repeal of Legitimacy/Legitimation Acts
CHAPTER 4 Status of Children Legislation
Introduction
Content of the Legislation
Equality of Status
Persons and Property Subject to the Acts
Presumptions of Paternity or Parenthood
Balance of Probabilities Test
Blood Tests
Who May Apply for Declaration of Paternity
Legal Effect of Declaration of Paternity
Abolition of Old Rule of Construction
Retention of Discriminatory Provisions
Judicial Interpretation of the Legislation
Assessment of the Legislation
CHAPTER 5 Parental Rights and Duties
Introduction
Persons Having Parental Rights and Duties
Composition of Parental Rights and Duties
Rights and Duties Laid down by Statute
Custody, Care and Control
Education
Right to Administer Punishment
Duty to Maintain
Duty to Protect Child
Penalties for Failure to Observe Duties
The Welfare Principle
Challenges to Parental Authority
The Gillick Decision
Commonwealth Caribbean Perspective
Other Cases of Conflict
Assessment
CHAPTER 6 Out-of-wedlock Children and the Legal Position of the Putative Father
Introduction
Historical Setting
Some Recent Trends
Judicial Consideration of the Position of the Putative Father Including Interpretation of Status of Children Legislation
A Judicial Set-back to the Rights of the Putative Father
CHAPTER 7 Maintenence: Children Born in Wedlock
Introduction
General Principle
Definition
Summary Maintenance Proceedings
High Court Maintenance Proceedings
Maintenance Available in Custody Proceedings Under Specific Acts
Who May Benefit From Maintenance Provisions
Enforcement
Recent Legislation
Cohabitational Relationships
Community Mediation
CHAPTER 8 Maintenance: Children Born Out of Wedlock (Affiliation Proceedings)
Introduction
Nature of Proceedings
Judicial Consideration
CHAPTER 9 Rights to Family Provision and Succession to Property on the Death of a Parent
Introduction
Testate Succession: Rights of Children to Family Provision
Out-of-wedlock and Adopted Children
Intestate Succession
Subjective or Objective Test
Bona Vacantia
CHAPTER 10 Custody of Children
Introduction
Meaning of Custody
Entitlement to Custody
Rights Flowing from Custody
Remedies for Enforcing or Claiming Custody
Custody Agreements
Types of Orders
Duration of Orders
Welfare of Child First and Paramount Consideration
Statutory Provisions Relating to Custody Applications
General Content of Legislation
Custody Disputes: General Principles
Wishes of the Child
Religion
Financial Considerations
Moral Welfare
The Unimpeachable Parent
Young Children
Existence of Brothers and Sisters
Parent and Third Party Disputes
Children Born Out of Wedlock
Recent Legislation
CHAPTER 11 Adoption
Introduction
Test to Be Applied in Adoption Cases
Pre-judicial Stage
Judicial Stage
Consent of the Putative Father
Intercountry Adoptions
Effect of Adoption
Further Comments and Proposals for Reform
CHAPTER 12 Care and Protection of Children
Introduction
Problems Faced by Children
Common Law Position
Statutory Protection
Physical Injury
Abandonment, Indecent Assault, Abduction, Stealing of a Child
Cruelty, Causing a Child to Beg, Suffocation of a Child, Burning of a Child
Restrictions Against Employing Children
Domestic Violence
Moral Protection
Marriage
Alcohol and Drug Abuse
Juvenile Justice
CHAPTER 13 Child Law in the Commonwealth Caribbean and the United Nations Convention on the Rights of the Child
Introduction
The Convention
Children's Rights in the Commonwealth Caribbean
Convention as a Positive Influence
Inadequacies of the Convention
APPENDIX A: Trinidad and Tobago, Age of Majority Act
APPENDIX B: Trinidad and Tobago, Status of Children Act
APPENDIX C: Antigua and Barbuda, Domestic Violence (Summary Proceedings) Act
APPENDIX D: United Nations Convention on the Rights of the Child
INDEX
A
B
C
D
E
F
G
J
L
M
N
P
R
S
T
U
V
W
Y
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