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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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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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