header-logo header-logo

01 August 2014 / Jonathan Herring
Issue: 7617 / Categories: Features , Family
printer mail-detail

Alarm bells

specialist_family_herring

A recent case sends a warning to any parent who suspects the other of sexual abuse, as Jonathan Herring reports

Penelope Leach’s new book, Family Breakdown, contains much which is familiar to family lawyers. She writes that family breakdown harms children and that to combat this, parents must engage in mutual parenting on separation, enabling and encouraging each other in their parental roles after divorce. Parents who fail to do this can cause their children serious harm. Had she wanted to cite a case to support her thesis, Re W (A Child) [2014] EWCA Civ 772 could have used. At one level, the decision is one where the undermining of one parent by the other was recognised as posing a serious risk of harm to the child. Yet it will be suggested here, that the case highlights another major issue facing family law.

In Re W (A Child) the mother appealed against an interim care order under the Children Act 1989, s 38(1), made in the context of a fierce dispute over contact. The order was made by HJ Cardinal and

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll