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 we seek for children or those lacking capacity? Munby LJ
