header-logo header-logo

26 May 2011 / Jonathan Herring
Issue: 7467 / Categories: Features , Child law , Family
printer mail-detail

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:

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll