Children – Page 2 – Law Journals

Children: Balancing rights

Amy Harris summarises the case law on the factors to be considered when contact is an issue A prohibition on contact can be justified under Article 8(2) if it is deemed to be in the best interests of the child or the resident parent. The government has issued proposals to introduce a statutory presumption of …

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Children: Opposing views

Mandeep Gill assesses the Court of Appeal decision in Re G (Children) (Education: Religious upbringing) [2012] Welfare extends to and embraces everything that relates to the child’s development as a human being and to the child’s present and future life as a human being. In Re G (Children) (Education: Religious upbringing) [2012] the Court of …

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Children: Three’s a crowd?

Richard Adams finds that the welfare of the child remains paramount even in cases involving ‘alternative families’ ‘There has been little consensus in the courts as to how to define and treat the various adults involved in the conception and care of children born to “alternative families”.’ Few will have missed the recent coverage in …

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Children: Equal sharing

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Amanda Melton looks at the government response to the Family Justice Review recommendations and the potential issues ‘Some of the risks highlighted by the Family Justice Panel are difficult to ignore. While the impact may be considered minimal to those in the legal profession, there is a concern about how it will be interpreted by …

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Children: Accommodating contact

Kate Clark reviews the Court of Appeal decision in Re K and adding conditions to contact orders ‘In Re K, the amount of time to be devoted to contact was not really in issue between the parties but, as is so common, the barrier to reaching an agreement was in the details.’ It is often …

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Children: Pausing contact

Vicki McLynn considers when stopping contact offers the best prospect of re-establishing it in the future ‘European jurisprudence has made clear that the “mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life”.’ The recent decision in Re C (A child) [2011] saw the Court of Appeal depart …

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Children: Business as usual?

Nicola Criscione looks at the impact of the FPR 2010 on procedure in children proceedings ‘Rule 12.3 FPR 2010 sets out who the parties to each type of proceedings are and contains a very user-friendly table showing every different type of proceedings, and who may make the application and who the respondents to that application …

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Children: Sharing parenting

Helen Cort examines how the concepts of parental responsibility and shared residence orders are being applied to increasingly diverse family units ‘It is not incumbent upon a judge to make findings on every issue presented for determination during a hearing, but rather simply those factual issues that have implications for the decisions to be taken.’ …

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Children: Geographical issues

Sarah Passemard and Helen Cort examine the Court of Appeal’s decision in Re F (Children: Internal Relocation) [2010] and consider whether it marks a change in the court’s approach to internal relocation cases ‘The test applied to a case for “purely local relocation” is less stringent than in a case where the application is for …

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