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09 November 2012 / Jonathan Herring
Issue: 7537 / Categories: Features , Child law , Family
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Welfare warfare

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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

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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