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

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
back-to-top-scroll