header-logo header-logo

17 February 2017 / Jonathan Herring
Issue: 7734 / Categories: Features , Family
printer mail-detail

Points of view

nlj_7734_herring

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

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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
back-to-top-scroll