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26 May 2011 / Jonathan Herring
Issue: 7467 / Categories: Features , Child law , Family
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Children first: but which one?

Jonathan Herring examines the courts’ approach to conflict in two children custody cases

The general public is notoriously bad at understanding the law. But a central principle of family law is one that seems to have entered most people’s consciousness: in a case involving disputes over children, the child’s welfare should be the paramount consideration. That principle is found in the Children Act 1989 (ChA 1989), s 1. Although as any family lawyers will be quick to add, the principle is easier to state than to apply in practice.
The Court of Appeal has recently considered it in LSA v RBS [2011] EWCA Civ 454, [2011] All ER (D) 178 (Apr) and addressed a particularly difficult issue: what if a case involves two children and order A will benefit one child, but order B will benefit the other? Which child’s welfare is paramount? 

The facts

The facts of case are a good example of the problem. A couple had separated just over four years before the hearing. They had two boys:

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NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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