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17 February 2017 / Jonathan Herring
Issue: 7734 / Categories: Features , Family
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Points of view

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How can the court protect a child’s welfare when faced with clashing world views, asks Jon Herring

  • Disputes over children have to be resolved by a focus on the welfare of children, rather than the rights of adults.
  • Sometimes the opposition of a religious community to contact with a parent can mean it is in the child’s welfare for there to be no direct contact.

The legal principle was easy to state: the court must assess what order would best promote the welfare of the child. The application of the principle was not: should a child living with an ultra-orthodox Jewish mother have direct contact with the other parent who was a trans woman? Jackson J had to resolve this complex dispute in J v B (Ultra-Orthodx Judaism: Transgender) [2017] EWFC 4, [2017] All ER (D) 108 (Jan).

The facts of the case

At the heart of the case were five children with ages ranging from 12 to 2. The marriage ended in 2015 when their father (X) left the home and

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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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