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A stitch in time in the family courts (Pt 2)

24 November 2023 / David Burrows
Issue: 8050 / Categories: Features , Family , In Court
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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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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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