David Burrows on why the law must not discriminate against children involved in Pt 2 proceedings
- A statutory presumption: that court delay is prejudicial to a child’s welfare.
- Welfare is not divisible: ‘delay’ & listing children cases.
- What does Children Act 1989, s 1(2) mean?
Take four propositions of law in relation to children proceedings under Children Act 1989 (CA 1989). The first is that, under the heading, ‘Welfare of the child’, CA 1989, s 1(2) says: ‘In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.’ Section 1(1)(a) explains this: that if a court is dealing with ‘the upbringing of a child… the child’s welfare shall be the court’s paramount consideration’. This provision applies to any child where any proceedings (CA 1989, Pts 2 or 4) are taken in respect of that child.
Second,
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