header-logo header-logo

Family

05 September 2013
Issue: 7574 / Categories: Case law , Law digest
printer mail-detail

Re G (a child) (care order: proportionality) [2013] EWCA Civ 965, [2013] All ER (D) 375 (Jul)

The authorities had made it clear that, following the process of finding any relevant facts, the court in a public law children case had to first make an evaluation to determine whether the statutory threshold criteria in s 31 of the Children Act 1989 were established with respect to the individual child or children as at the relevant date. If the threshold criteria were established, the final stage of the proceedings involved the court evaluating which set of arrangements for the child’s future care were to be endorsed by the court’s order and the evaluation was conducted by affording paramount consideration to the child’s welfare (the welfare evaluation).

Under s 1 of the Act, when a court determined any question with respect to the upbringing of a child, the court had to treat the welfare of the child as the paramount consideration. A judge could not properly decide that a care order should be made in such circumstances, unless the order was

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll