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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll