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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

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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