header-logo header-logo

22 May 2015 / Jonathan Herring
Issue: 7653 / Categories: Features , Family
printer mail-detail

Taking sides

nlj_7653_herring

Jonathan Herring questions the family courts’ treatment of wilful children

A relationship breaks down. Acrimony fills the air. Accusations fly. The father says the mother is stopping the children from seeing him. The mother says the children don’t want to see their father, unsurprisingly given what he has done. The lawyers wade in and it’s off to court. What is a judge to do?

Basic legal principles

The family courts have been struggling to find the correct legal solution to such cases for decades. The basic legal principles are clear. The judge must make the order which will best promote the welfare of the child. In most cases that will mean the child will spend time with both parents. There is now an impressively large number of orders available to judges in cases of disputed contact ranging from imprisonment of a parent seen to be preventing the children seeing the other parent; to an order prohibiting a parent seeing a child. Increasingly courts will rely on therapists and mediators to fashion a solution. Many experts in the field believe that in deeply conflicted cases there

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

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll