header-logo header-logo

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

Facing the consequences

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll