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In 2006, a legal status of "special guardianship" was introduced (using powers delegated by the Adoption and Children Act 2002) to allow for a child to be cared for by a person with rights similar to a traditional legal guardian, but without absolute legal separation from the child's birth parents. [30]
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody , which is the right to make decisions about the child, and physical custody , which is the right and duty to house, provide ...
The child's mother (irrespective of whether she is married to the child's father (s3(1)(a))) and the child's father, if he is “married to the mother at the time of the child’s conception or subsequently” (s 3(1)(b)), have automatic rights. In line with Scottish Law Commission proposals in 1992, the Family Law (Scotland) Act 2006 has ...
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate ...
For children in care, the local authority usually has full parental rights and the director of social services or deputy needs to sign the consent form. If the child is in voluntary care, the parents still act as guardians and their consent should be obtained. [12] In law, parents have responsibility for their child.
Article 14 of Convention on the Rights of the Child enshrines both parents' rights and parental duties against the state: . 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.
A school official should be present to assist a parent or guardian in interpreting information contained in the files and to respond to questions that may be raised during the examination process. Parents or legal guardians have the right to challenge the accuracy of any information found in the files regarding their child.