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17 June 2010 / Rachel Morgan
Issue: 7422 / Categories: Features , Child law , Family
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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

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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