header-logo header-logo

Facing the consequences

17 June 2010 / Rachel Morgan
Issue: 7422 / Categories: Features , Child law , Family
printer mail-detail

Rachel Morgan sheds light on hostile family break-ups & the use of a judicial weapon of last resort

Family practitioners are frequently met with the scenario where, upon relationship breakdown, one (or indeed both) parents are unhappy with the arrangements for their children. In happier cases, such difficulties can be resolved with a minimal amount of intervention by lawyers and the courts —once the initial hurt and acrimony have receded, the parents reach a modus vivendi which on the whole operates well—but in other cases children are not so fortunate and their parents can be engaged in litigation about them for many years.

When deciding a dispute in relation to the living arrangements for a child, the court must have regard to a checklist of factors set out at s 1(3) of the Children Act 1989 (the welfare checklist), and must treat the child’s welfare as paramount. One of the factors is “the likely effect on him of any change in his circumstances” which obliges practitioners to look at the situation on the ground

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

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll