header-logo header-logo

04 April 2014
Issue: 7601 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll