header-logo header-logo

09 November 2012 / Jonathan Herring
Issue: 7537 / Categories: Features , Child law , Family
printer mail-detail

Welfare warfare

child_welfare_4

Jonathan Herring discusses the nature of child welfare

The Court of Appeal judgment in Re G (Children) [2012] EWCA Civ 1233, [2012] All ER (D) 50 (Oct) is a tour de force. It provides an analysis of the welfare principle of considerable erudition. Aristotle, Orthodox Judaism and notions of 21st century parenting are all covered.

The case involved five children of an ultra-orthodox Jewish family. The parents had separated and disagreed over whom the children should live with and their religious education.

The nature of welfare

It is surprising that the notions of welfare and best interests have been little analysed by the courts. What is beneficial for someone, or what makes for a good life, can be controversial. Looking around your friends, you will probably quickly spot a range of ways people seek to pursue their vision of the good life. Whether it is seeking riches, achievement, virtue or love; we all have our goals we strive for. Yet which of these, or more realistically what combinations of these, should

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll