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24 November 2023 / David Burrows
Issue: 8050 / Categories: Features , Family , In Court
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A stitch in time in the family courts (Pt 2)

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David Burrows on why the law must not discriminate against children involved in Pt 2 proceedings
  • A statutory presumption: that court delay is prejudicial to a child’s welfare.
  • Welfare is not divisible: ‘delay’ & listing children cases.
  • What does Children Act 1989, s 1(2) mean?

Take four propositions of law in relation to children proceedings under Children Act 1989 (CA 1989). The first is that, under the heading, ‘Welfare of the child’, CA 1989, s 1(2) says: ‘In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.’ Section 1(1)(a) explains this: that if a court is dealing with ‘the upbringing of a child… the child’s welfare shall be the court’s paramount consideration’. This provision applies to any child where any proceedings (CA 1989, Pts 2 or 4) are taken in respect of that child.

Second,

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MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

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A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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