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How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) which is later over-turned on appeal?
Oct 16, 2014 · Vengeful mothers leave good fathers powerless to see child, says judge. A senior judge spoke out against child access law yesterday, saying that the courts were powerless to help decent fathers to see their children if vengeful mothers stood in the way.
- The Meaning of The Principle
- The Welfare Checklist
- The Child’S Wishes
- The Child’S Needs
- Change in Circumstances
- Relevant Characteristics
- Risk of Harm
According to Hardy-Boys J, a New Zealand judge, ‘welfare’ is an all-encompassing word. It includes material welfare, both in the sense of an adequacy of resources to provide a pleasant home and a comfortable standard of living and in the sense of an adequacy of care to ensure that good health and due personal pride are maintained, but even more imp...
There is no formal definition of welfare in the Act, but s.1(3) sets out a list of factors to which the court must have particular regard in deciding what the child’s welfare requires. The list is not exhaustive, neither are the factors in order of importance or (necessarily) of equal importance: it is a checklist to assist the court in arriving at...
The first consideration (in the list but not necessarily in importance) is the ascertainable wishes and feelings of the child concerned, considered in the light of his or her age and understanding. The weight given to the child’s wishes depends on the age and maturity of the child, the nature of the decision to be made, and (to some extent) the jud...
The next consideration is the child’s physical, emotional and educational needs. The first and third are fairly straightforward, and there are few cases of interest. May v May [1986] 1 FLR 325, CA On divorce F and M were awarded joint custody of their two sons (8 and 6), but care and control was given to F (with generous access to M). M’s appeal fa...
The court must also consider the likely effect on the child of any change in his circumstances, and is generally reluctant to disturb the status quo unless there are compelling reasons for so doing. This does not prevent the court’s ordering a change where the status quo is itself very recent, however, or where it is unsatisfactory, and status quo ...
The court must have regard to the child’s age, sex, background and any characteristics of his which the court considers relevant. The relevance (or not) of race has been quite controversial, particularly in relation to fostering and adoption, and a number of cases have considered whether religious differences might also be of importance. Re P (Ward...
The court must consider any harm which the child has suffered or is at risk of suffering. This is not limited to physical cruelty and sexual abuse – though both are obviously relevant – but includes any impairment of the child’s physical or psychological health and development. Wright v Wright (1980) 2 FLR 276, CA F was a Jehovah’s Witness and M a ...
Dec 4, 2013 · This was always without prejudice to the father's right to claim custody on his return from Afghanistan, and in fact the decree was vacated in August. A welfare-based custody hearing took place on 1 and 2 March 2010.
- 04 December 2013
- [2013] UKSC 75
- England & Wales
Jun 2, 2015 · The joint report by the University of Warwick and the University of Reading counters the widespread perception that family courts in England and Wales discriminate against fathers because of a...
Jul 15, 2014 · The idea behind without prejudice proposals is that, because the judge will not see them, the party putting forward the proposals cannot be held to them. The proposals may therefore be more generous to the other party than any ‘open’ proposals.
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Apr 12, 2017 · It then briefly describes the literature on implicit bias to demonstrate how biases may influence the assessments of custody evaluators, lawyers, and judges despite best efforts to make fair and impartial decisions.
