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22 May 2015 / Jonathan Herring
Issue: 7653 / Categories: Features , Family
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Taking sides

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Jonathan Herring questions the family courts’ treatment of wilful children

A relationship breaks down. Acrimony fills the air. Accusations fly. The father says the mother is stopping the children from seeing him. The mother says the children don’t want to see their father, unsurprisingly given what he has done. The lawyers wade in and it’s off to court. What is a judge to do?

Basic legal principles

The family courts have been struggling to find the correct legal solution to such cases for decades. The basic legal principles are clear. The judge must make the order which will best promote the welfare of the child. In most cases that will mean the child will spend time with both parents. There is now an impressively large number of orders available to judges in cases of disputed contact ranging from imprisonment of a parent seen to be preventing the children seeing the other parent; to an order prohibiting a parent seeing a child. Increasingly courts will rely on therapists and mediators to fashion a solution. Many experts

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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