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04 April 2014
Issue: 7601 / Categories: Case law , Law digest , In Court
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Family

SMD v LMD [2014] EWHC 302 (Fam), [2014] All ER (D) 282 (Mar)

In determining a contact application the paramount consideration was the welfare best interests of the child. The starting point was that contact with a non-residential parent was generally in the best interests of a child. Any restriction on contact with a child but, especially, an order that there be no contact, direct or indirect, might only be justified on the basis of the most cogent and compelling evidence. When considering making an order for no contact; such an order should only be made where the court was satisfied that there was a serious risk of harm if contact were to be ordered. 

Orders pursuant to s 91(14) of the Children Act 1989 should be made with great care and sparingly. They might be made in the absence of a past history of unreasonable applications if there was clear evidence that the welfare of the child so required. In such a case the court had to be satisfied that the facts of the case went beyond

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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