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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll