header-logo header-logo

01 August 2014 / Jonathan Herring
Issue: 7617 / Categories: Features , Family
printer mail-detail

Alarm bells

specialist_family_herring

A recent case sends a warning to any parent who suspects the other of sexual abuse, as Jonathan Herring reports

Penelope Leach’s new book, Family Breakdown, contains much which is familiar to family lawyers. She writes that family breakdown harms children and that to combat this, parents must engage in mutual parenting on separation, enabling and encouraging each other in their parental roles after divorce. Parents who fail to do this can cause their children serious harm. Had she wanted to cite a case to support her thesis, Re W (A Child) [2014] EWCA Civ 772 could have used. At one level, the decision is one where the undermining of one parent by the other was recognised as posing a serious risk of harm to the child. Yet it will be suggested here, that the case highlights another major issue facing family law.

In Re W (A Child) the mother appealed against an interim care order under the Children Act 1989, s 38(1), made in the context of a fierce dispute over

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll